United States:
Patent Owner May Amend Claims In IPRs To Address §§ 101 And 112 Issues
05 January 2023
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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In American National Manufacturing Inc. v. Sleep Number
Corp., Nos. 21-1321, 21-1323, 21-1379, 21-1382 (Fed. Cir.
Sept. 29, 2022), the Federal Circuit held that as long as a
proposed claim amendment does not enlarge the scope of the claims,
does not add new matter, and responds to a ground of
unpatentability in the proceeding, the patent owner may also make
additional amendments to a claim. The Federal Circuit also held
that a clear typographical error does not render the claims
unpatentable for lack of enablement. For a more detailed analysis
of this case, please read "Dialing up Fixes to your
Patent Claims: So Relaxing!"
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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