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Title: Hester Industries Inc. v. Stein Inc.
Author : Federal Circuit U.S. Court of Appeals
Release Date : January 07, 1998
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

Hester Industries, Inc. (""Hester"") appeals from a summary judgment of invalidity entered by the United States District Court for the Eastern District of Virginia. The district court ruled that the reissue patent claims asserted by Hester against Stein, Inc. (""Stein"") are invalid for failing to meet the statutory ""error"" and ""original patent"" requirements for reissue patents set forth in 35 U.S.C. § 251 ¶ 1 (1994). Hester Indus., Inc. v. Stein, Inc., 963 F. Supp. 1403 (E.D. Va. 1997). Stein cross-appeals a pretrial oral ruling in which the district court adopted Hester's proposed construction of the claim term ""high humidity steam."" Because the asserted reissue claims impermissibly recapture subject matter surrendered by Hester through deliberate arguments repeatedly made to the Patent Office to overcome prior art, we hold that Hester is barred from asserting ""error"" within the meaning of 35 U.S.C. § 251 ¶ 1. We accordingly affirm the summary judgment of invalidity. Because the asserted claims are invalid, we need not and do not reach the claim construction issue.