This case affirmed that: "Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance was addressed would have understood the author to be using the words to mean. Notice, however, that it is not, as is sometimes said, "the meaning of the words the author used", but rather what the notional addressee would have understood the author to mean by using those words." (Paragraph 32 of the judgement)
It is a common misunderstanding that the words of the claims should be understood as what the author used them to mean. This is not the case. Rather, the claims should be understood as what a skilled person (at the date of filing of the application) would have understood the author to be using the words to mean.
Additionally, if a claim is intended to cover products or processes which involve the use of technology unknown at the time the claim was drafted, then the patent specification and claims based thereon should be drafted so that a person skilled in the art would understand the description in a way which was sufficiently general to include the new technology.
Read more about this topic: Kirin-Amgen V Hoechst Marion Roussel
Other articles related to "consequences":
... experiencing co-occurring epidemics that additively increase negative health consequences." Consequently, it is possible for two afflictions to be comorbid, but not be syndemic (i.e ... occurs but it has beneficial rather than deleterious consequences ... for the analysis of adverse disease interactions, including their causes and consequences for human life and well-being ...
... as it indicates that an action is ethically right if it brings good consequences to others ... James Fieser states the altruist dictum as "An action is morally right if the consequences of that action are more favorable than unfavorable to everyone except the agent ...
... In common usage, a high-stakes test is any test that has major consequences or is the basis of a major decision ... those who pass and those who fail, and has direct consequences for passing or failing (something "at stake") ... the admissions process at some schools, many people believe that it has consequences for doing well or poorly and is therefore a high-stakes test under the simpler, common definition ...
Famous quotes containing the word consequences:
“There is not much that even the most socially responsible scientists can do as individuals, or even as a group, about the social consequences of their activities.”
—Eric J. Hobsbawm (b. 1917)
“Every expansion of government in business means that government in order to protect itself from the political consequences of its errors and wrongs is driven irresistibly without peace to greater and greater control of the nations press and platform. Free speech does not live many hours after free industry and free commerce die.”
—Herbert Hoover (18741964)
“The horror of Gandhis murder lies not in the political motives behind it or in its consequences for Indian policy or for the future of non-violence; the horror lies simply in the fact that any man could look into the face of this extraordinary person and deliberately pull a trigger.”
—Mary McCarthy (19121989)