cancelled claims
Definitions from Case Law · United States Supreme Court
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.
How often courts cite the case defining “cancelled claims”
Court decisions citing the opinion that defined “cancelled claims” — 760 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.