[Patent Pod] Norian v. Stryker

[Andrew Lahser]

[http://www.patentpod.com/sound/2006/january/Norian-v-Stryker.mp3]

Norian owns a patent directed to kits "for preparing ... bone cements in medical or dental procedures." Claim 8 included the limitation "a sodium phosphate". The C.A.F.C. compared the limitation with the indefinite article A, to the previous limitation that used the phrase "at least one." Further, they noted the specification did not discuss any embodiment that included more than one sodium phosphate. Finally, claim eight uses the restrictive term, "consisting of". The C.A.F.C. upheld the claim construction to include only a single sodium phosphate. See also,

• MP3: Norian v. Stryker Fed. Cir. 2005) (citations omitted)
• PDF: Norian v. Stryker (Fed. Cir. 2005) (full text)
• Patently-O: Claim Construction: "A sodium phosphate" limited to one type of sodium phosphate.
• I/P Updates: Solution "Consisting of a Sodium Phosphate" Required Single Solute

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Posted by Andrew Lahser to Patent Pod at 1/16/2006 11:19:00 AM