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[Success Case]
Case No. 2010 Xing-Zhuan-Su-Zi 54, Intellectual Property Court
[Decision Digest]
The quotation, “Regarding the terms used in the claims, where there are clear definitions or descriptions disclosed in the summary of invention, such definitions or descriptions should be considered,” means “the inventor is the lexicographer.” When interpreting the claims of the invention, the summary of invention, drawings, and the common knowledge of the common knowledge of technology the invention involves should be considered to find out the true implications of the terms used in the claims. Therefore, it is necessary to explain that this will be difficult to make determination based on the literal meaning(s) of such terms.
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