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Message: Re: From Pacer , e.DIGITAL v. Dropcam - Key NUNCHI claim terms for construction
You said Whatever happened to " ordinary meaning "
"ordinary meaning "is not the first step in the analysis, and it is not the endpoint. It is a helpful reference point, and probably occurs somewhere along the path. The “ordinary meaning” might be determined after doing the work of reviewing the pertinent intrinsic and extrinsic evidence, but before the final construction is rendered.
This ordinary meaning then might be found to be the proper construction, or the
proper construction may be broader, or narrower, than the ordinary meaning based on the application of the various claim construction doctrines. Some of these doctrines tend to narrow claim scope, while others broaden it. These doctrines push and pull on the concept of “ordinary meaning,” and drive the final construction.
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