Interesting paragraph from the article I just posted that could benefit us. One of the key issues at play was the use and definition of the word avatar. Suggest all read how the ptab killed claims and argued against the specification and used a Microsoft dictionary meaning, then read the bolded area below.
"The Federal Circuit has also been known to slam the PTAB’s dictionary usage, in opinions where the court finds the PTAB has used an overly broad interpretation of a key term.
In a February ruling, for example, the Federal Circuit said the PTAB had improperly invalidated some claims of three PPC Broadband patents on coaxial cable technology challenged by Corning Optical. The appeals court said the board’s claim construction was incorrect because, while the board was required to give claims their “broadest reasonable interpretation,” the construction it used was not reasonable.
“The board seems to have arrived at its construction by referencing the dictionaries cited by the parties and simply selecting the broadest definition therein,” the court wrote. “While such an approach may result in the broadest definition, it does not necessarily result in the broadest reasonable definition in light of the specification.”
The Federal Circuit takes an eagle-eyed approach to claim constructions, attorneys say, and is extremely unlikely to let problematic ones escape its attention. And claim construction is, in many instances, an issue that the appeals court can reconsider afresh on appeal, making it an ideal route for appellants to pursue.
If an appellant can argue that the PTAB failed to properly ground its analysis in the express language of the claims, that could be a trigger for the Federal Circuit to jump in and take a closer look, attorneys say.
“It’s a symptom of the broader truism that often your best chance for reversal is where the court has the opportunity to look de novo at what the board did. The most common place where that can happen is claim construction,” Wright said.
We have claim construction from a markman misaligned with ptab construction
Think about that in light of this article, my previous post on the differences between us and VHC and VRNG
