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Federal Circuit Finds Teaching Away Only If for All Embodiments

The court held "It is true that the preferred embodiments in the ’757 patent focus on roofing materials that are or will be coated or saturated with asphalt or asphalt mix. See, e.g., ’757 patent, col. 7, lines 27–54. But that is not enough to narrow the claim scope in the IPR. The claims are plainly 8 OWENS CORNING v. FAST FELT CORPORATION not so limited. Indeed, they are not even limited to “roofing materials,” as they all expressly include “building cover material” as well as roofing material. Id., col. 13, line 13–col. 14, line 25. Moreover, even the specification, when not discussing preferred embodiments, is not limited to roofing materials: it speaks of “roofing materials or other building materials normally employed as cover materials over a wood roof deck or stud wall.” Id., col. 1, lines 29–31. And Fast Felt has not disputed, or pointed to any evidence disputing, that some building cover materials (like the common Tyvek wrap referred to in the Board oral argument) is commonly installed without ever being coated or saturated with asphalt or asphalt mix." Read the decision here.

 

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