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
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