The Author, Art, and the Market: Rereading the History of by Martha Woodmansee

By Martha Woodmansee

Examining the increase of artwork within the 18th century, this treatise demonstrates how portray, sculpture and literature weren't considered as beneficial paintings types prior to the emergence of a brand new bourgeois tradition. the writer unearths how Romantic poets and philosophers invented "art" as we all know it at the present time.

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Cir. 2005) (claim term “filter” had eight dictionary definitions; court used the specification to determine that the term meant attenuating electronic information in a signal rather than completely removing it from the signal). 54. See Phillips v. 3d at 1316 (“our cases recognize that the specification may reveal a special definition given to a claim term by the patentee that differs from the meaning it would otherwise possess”). 55. In Autogiro Co. of America v. 2d 391, 397 (Ct. Cl. 1967), this principle was best espoused: An invention exists most importantly as a tangible structure or a series of drawings.

See Honeywell International, Inc. v. 3d 1312, 1319–20 (Fed. Cir. 2006) (claimed fuel system component made of composite material comprising a polymer incorporating Outline of the Law of Claim Construction applicant will state more than one advantage over the prior art. The more novel the invention, the more advantages will be available to cite in distinguishing the prior art. Thus, the need to incorporate multiple advantages into the claim construction is much attenuated. 97 Disclaimers. A disclaimer is a statement by the applicant that excludes certain features from being covered by the claims, although the claim language would otherwise cover products or methods including those features.

Inventions are, by definition, novel. It is expected that the novel combination in the patent has never been previously described. Sometimes existing meanings of terms are adequate to impart the novelty of the invention. At other times, the inventor will use a word or term in a new sense as part of the natural process of attempting to translate his invention into words. 56 However, in order for the inventor to apply a new meaning to words in a claim, the specification must show a clear intent on his part to apply such new meaning to the term.

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