Supreme Court: a patentee's decision to narrow claims through amendment in order to comply with the Patent Act automatically assumes surrender of the territory between the original claim and the amended claim.
•a presumption of surrendering all equivalents for the particular claim limitation that was narrowed by the amendment.
•Burden is on the applicant as to showing what equivalents were not surrendered.
Patentee can overcome surrender if the equivalent was “unforseeable” at the time of the application.
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