Federal Circuit: Claim Language In Design Patent Is Limiting

Mealey's (September 16, 2019, 1:29 PM EDT) -- WASHINGTON, D.C. — In what it deemed a case of first impression, the Federal Circuit U.S. Court of Appeals on Sept. 12 found that where claim language supplies the only instance of an article of manufacture, and the article of manufacture appears nowhere in the figures included with a design patent application, the claim language is limiting (Curver Luxembourg SARL v. Home Expressions Inc., No. 18-2214, Fed. Cir., 2019 U.S. App. LEXIS 27470)....