Part III analyzes the claim construction-infringement boundary in the substantive context by examining the extent to which a court obliquely can apply the "plain and ordinary meaning" of claim terms to an accused product to assess infringement without further construing claim language to define claim scope.
(37) These problems included a "high reversal rate," "a lack of predictability about appellate outcomes," loss of the trial judge's comparative advantage of being closest to the full evidentiary record, and an "inundation of [the Federal Circuit] with the minutia of construing numerous disputed claim terms ...
This study of colonialism and gender in The Faerie Queene takes a brisk walk through the poem from book 1, "Of Holinesse," straight through to the Two Cantos of Mutabilitie, locating and construing
essentially all possible references to the Irish through targeted topics such as miscegenation, sexual promiscuity, Catholic idolatry, and the nature/nurture topos.
While not deciding the substantive claims, the court held that, in construing whether a sound and basic education was being provided, courts could properly consider results from student assessments.
That is, in construing whether North Carolina lawmakers were providing constitutionally adequate educational services, the court looked to student progress on the state's learning standards.
Strictly speaking, this doctrine is set forth in a very narrow context (i.e., that federal agencies are entitled to deference in their construing
of the statutes they are charged with implementing).
Thus, in construing
human consciousness as ultimate consciousness, we fall prey to a slough of despair: believing that our own, incomplete understanding of life is the only understanding of life, that the universe does not exceed the often paltry confines of human interpretation.
In construing claims, the court is defining the legal rights created by the patent.
The focus in construing claims is not the subjective intent of the parties, which would be a question of fact, but how an objective person of ordinary skill would interpret the claim, the court reasoned.