No special rules are applicable to the construction of the specification1 of a patent2. As the specification is addressed to the person skilled in the art3, the court must be instructed as to the meaning of technical terms and the background of the art, so as to read the specification with the understanding of the person skilled in the art4. The question of construction is necessarily antecedent to the determination of the issue of infringement5 and of all issues of validity6 depending upon the scope of the claims7.
A court is bound by a decision of a court of equal
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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