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March 15, 2005
V-FORMATION, INC., v. BENETTON GROUP SPA, ROLLERBLADE, INC.,
Today, the Federal Circuit affirmed a district court's claim construction defining "releasably attaching" in claims 1 and 9 of US Patent 5,803,466 "to mean that the fasteners must permit the sidewalls to be easily removed and replaced and determining that those skilled in the art would not consider rivets . . . to fall within the category of releasable fasteners.
Claim 1 of the '466 patent recites the following:
An in-line roller skate, comprising: a boot having a sole surface with toe and heel portions;a frame, comprising; a toe plate having an upper face and a lower face, said upper face being affixed to said sole surface toe portion, and two pair of spaced apart flanges extending downwardly from said toe plate lower face, each of said flange pairs defining a cavity therebetween;
a heel plate having an upper face and a lower face, said upper face being affixed to said sole surface heel portion, and two pair of spaced apart flanges extending downwardly from said heel plate lower face, each of said flange pairs defining a cavity therebetween;
first and second downwardly extending sidewalls having front and rear upper portions, wherein said first sidewall is configured such that said rear upper portion is received into a corresponding one of said heel plate cavities and said front upper portion is received into a corresponding one of said toe plate cavities, and wherein said second sidewall is received into the other opposing said toe and heel plate cavities;
a plurality of fasteners for releasably attaching said first and second sidewalls to respective ones of said toe and heel plate flange pairs; and
a plurality of wheels rotatably mounted between said first and second sidewalls.
In most cases, the best source for discerning this proper context is the patent specification wherein the patent applicant describes the invention. Metabolite, 370 F.3d at 1360. In this case, the
Posted by Geof at March 15, 2005 4:18 PM
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