Patent Interference: Which Specification Informs the Interpretation of the Contested Claims?

Agilent Techs., Inc. v. Affymetrix, Inc., No. 08-1466 (Fed. Cir. June 4, 2009):

Holding:

When interpretation is required of a claim that is copied for interference purposes and the question is whether the copying party’s specification adequately supported the subject matter claimed by the other party, the copied claim is viewed in the context of the patent from which it was copied. Slip op. at 8-9.

Dictum:

When the issue is whether the claim is patentable to one or the other party in light of prior art, the PTO and courts must interpret the claim in light of the specification in which it appears. Id. at 9.