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Catching the angora cat - Lessons from Venice.

Catching the angora cat - Lessons from Venice. EPLAW Annual Meeting and Congress Brussels , Le Méridien Friday December 2 nd , 2011 By Klaus Haft. Starting point : Art. 69 EPC. Issue in question. Should prosecution history be regarded in claim interpretation?.

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Catching the angora cat - Lessons from Venice.

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  1. Catching the angora cat-Lessons from Venice. EPLAW Annual Meeting and Congress Brussels, Le Méridien Friday December 2nd, 2011 By Klaus Haft

  2. Startingpoint: Art. 69 EPC www.rokh-ip.com

  3. Issue in question • Should prosecution history be regarded in claim interpretation? • Theory: Claim interpretation is leading to same results during prosecution and litigation • Practice: www.rokh-ip.com

  4. Thinkingthroughout Europe (asdiscussed in Venice) www.rokh-ip.com

  5. Thinking throughout Europe (as gathered by AIPPI in Q175) www.rokh-ip.com

  6. ConclusionsfromVenice • There seems to be a majority in favor of using the file history also in infringement proceedings. • However, there also seems to be a rather broad consensus that this would be relevant or should be regarded - depending on the starting point - only in exceptional cases. www.rokh-ip.com

  7. Klaus Haft REIMANN OSTERRIETH KÖHLER HAFT Steinstraße 20 O7, 16 40212 Düsseldorf 68161 Mannheim Tel. +49 151 1672 2759 Klaus.Haft@rokh-ip.com www.rokh-ip.com Thank you!

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