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cancelled claims

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 311 U.S. 211 - Schriber-Schroth Co. v. Cleveland Trust Co. · 1940Most cited · 760 citing opinions

It is a rule of patent construction consistently observed that a claim in a patent as allowed must be read and interpreted with reference to claims that have been cancelled or rejected and the claims allowed cannot by construction be read to cover what was thus eliminated from the patent.