Undetectable Amount of Magnification IS Magnification
Briefly

The Federal Circuit examined Sigray, Inc.'s challenge to Zeiss's U.S. Patent No. 7,400,704 on grounds of invalidity through anticipation and obviousness claims. Focused particularly on Jorgensen's methodologies, the court found that collamation techniques described in Jorgensen did not meet the specific magnification criteria outlined in claim 1 of the '704 patent. Notably, both parties did not engage in formal claim construction, yet the analysis centered on intrinsic evidence of Jorgensen's procedures regarding X-ray beam quality and divergence, ultimately dismissing the anticipation claim due to lack of disclosed magnification.
The USPTO evaluated the claim language without formal construction, relying solely on existing evidence about Jorgensen's technique of collimation to assess claim validity.
Essentially, the findings revealed that Jorgensen's X-ray imaging process does not inherently disclose the specific magnification required by the '704 Patent’s independent claim 1.
Read at Intellectual Property Law Blog
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