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Fiber, LLC. v. Ciena Corp. (Fed. Cir. Nov. 21, 2019)

A means-plus-function limitation is indefinite if the embodiment corresponding to this limitation needs to be incorporated by reference unless the specification expressly states that the incorporation by reference is made to import the embodiment corresponding to the means-plus-function limitation.

Nevertheless, the incorporated subject matter would not have provided the embodiment corresponding to the term "control" (in "a control so that a first beam directing device will be positioned to direct the optical beam from at least one source to a selected one of said plurality of optical receptors") in this case.

Read the case here.




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