I experimented with few objects while photographing which made me explore another new form of photography of objects and aesthetically please the viewer. The contrast of black and white monochrome simplifies the picture and emotionally connects the viewer while detaching the image from the colorful real world. It shows that there are the gray days in our life where one would not know the difference between good and bad. As time passes, we learn the difference and clear the confusion and conflicts within us. It is ok to be indefinite at times.
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Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. ______ (2014)brings to light conflicting views on how to interpret the requirement of 35 USC 112, second paragraph, also known as the definiteness requirement. 35 USC 112, second paragraph, states that â[T]he specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as the invention.â
Nautilus argued that if a claim is âambiguous, such that readers could reasonably interpret the claimâs scope differently,â the claim does not meet the definiteness requirement. On the other hand, Biosig argued that the patent needs only âprovide reasonable notice of the scope of the claimed invention.â The Federal Circuit took Biosigâs argument a step further by holding that if a claim is âamenable to constructionâ and not âinsolubly ambiguous,â the claim passes the definiteness requirement.
However, the Supreme Court objected to the âamenable to constructionâ and âinsolubly ambiguousâ standard as lacking the precision required by 35 USC 112, second paragraph. While the Supreme Court acknowledged that absolute precision is unattainable given the inherent limitation of language, the Supreme Court also held that â[t]o tolerate imprecision just short of that rendering a claim âinsolubly ambiguousâ would diminish the definiteness requirementâs public-notice function and foster the innovation-discouraging âzone of uncertaintyâ.â
