CONTINENTAL CIRCUITS LLC v. INTEL CORP., decided Feb. 8, 2019, Claim Interpretation

U.S. Patent Nos. 7,501,582; 8,278,560; 8,581,105; and 9,374,912 are directed to multilayer electrical devices having a tooth structure (pages 2-3).  The specification emphasized using a repeated desmear process, distinguishing from prior art use of one desmear process, to form the tooth structure (pages 3-4).   Limitations for “surface,” “removal,” or “etching” do not require the repeated desmear process (page 10).  The plain language of the claims do not include the repeated desmear process (page 11).  The specification does not make a clear and unmistakable disclaimer as the repeated desmear process is presented as “one technique” or way to form the teeth and notes another novel aspect that may be formed in that way (pages 11-13).  The use of “present invention” is varied enough to not require the multiple desmear process (pages 14-15). 

Hindsight: Comparison with or criticism of the prior art may not limit the claims, but it may be best to include alternatives to even novel concepts.  It may be best to use comparison or criticism in a toned-down manner.  Use of “invention” may not result in further limiting the claims, but there may be little benefit to including the term “invention.”  It may be better to just not use the term “invention” in the specification other than in broiler plate language referring to claims in general.