Comparison With Prosecution History Estoppel
Unlike prosecution history estoppel, where claim amendments limit a patentee's ability to apply the doctrine of equivalents, prosecution disclaimer limits the literal scope of the claims and results from applicant argument, rather than amendments. In Loctite Corp. v. Ultraseal Ltd, the judge said that "interpreting claims in view of the prosecution history applies as a preliminary step in determining literal infringement. Prosecution history estoppel applies as a limitation to the doctrine of equivalents after the claims have been properly interpreted and no literal infringement is found".
Even if the literal scope of a claim is narrowed by prosecution disclaimer, the doctrine of equivalents may still be available for the claim terms at issue.
Read more about this topic: Prosecution Disclaimer
Famous quotes containing the words comparison with, comparison, prosecution and/or history:
“Clay answered the petition by declaring that while he looked on the institution of slavery as an evil, it was ‘nothing in comparison with the far greater evil which would inevitably flow from a sudden and indiscriminate emancipation.’”
—State of Indiana, U.S. public relief program (1935-1943)
“It is very important not to become hard. The artist must always have one skin too few in comparison to other people, so you feel the slightest wind.”
—Shusha Guppy (b. 1938)
“The prosecution of [Warren] Hastings, though he should escape at last, must have good effect. It will alarm the servants of the Company in India, that they may not always plunder with impunity, but that there may be a retrospect; and it will show them that even bribes of diamonds to the Crown may not secure them from prosecution.”
—Horace Walpole (1717–1797)
“The history of any nation follows an undulatory course. In the trough of the wave we find more or less complete anarchy; but the crest is not more or less complete Utopia, but only, at best, a tolerably humane, partially free and fairly just society that invariably carries within itself the seeds of its own decadence.”
—Aldous Huxley (1894–1963)