Bernadette McGann | May 29, 2013
Title: Even Without a Lexicography One Term May Have More Than One Meaning
Author Name: Bernadette K. McGann
Case Name: Aventis Pharmaceuticals Inc. v. Amino Chemicals Ltd.
Key words: Claim Construction, Intrinsic Evidence, Prosecution History
Decision Date: May 20, 2013
CAFC Panel and opinion author: Newman, Bryson and Reyna. Opinion by Reyna. Dissenting opinion by Bryson
The claim in dispute recites a process of preparing a piperidine derivative compound that included providing a substantially pure regioisomer of a specific formula. The District Court construed the meaning of “substantially pure” in relation to an intermediate compound to mean 98% purity, which is the same meaning as “substantially pure” when in relation to the piperidine derivative end product. The CAFC reversed the “one construction throughout the patent” rule, adopted by the District Court.