Not only do patent attorneys and agents find patent drafting incredibly frustrating, but judge seem to as well. As blogged by fedcirc.us, Judge Linn, a CAFC judge, grew frustrated during oral argument and stated the following:
“This is an interesting case...it's so typical of so many patent cases that are litigated and come up to this court. We have a term in the claim that's in dispute...it's not used anywhere in the written description. If that term was used in the written description, there wouldn't be this kind of debate. We're left hanging. Why patents are written this way I don't know. And then to compound the complexity, the application only has one embodiment, which of course puts into play this debate about '...is that just an embodiment or is that the invention'. We have both of these intriguing problems which are sort of self-inflicted by practicioners. I don't know why, but they're self-inflicted problems....”Read the fedcirc.us analysis for a more thorough description of this case and the issues presented.
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