Does rewriting dependent claims into independent form, coupled with the cancellation of the original independent claims, create a presumption of prosecution history estoppel?
“[W]e hold that the rewriting of dependent claims into independent form coupled with the cancellation of the original independent claims creates a presumption of prosecution history estoppel. Accordingly we vacate the judgment of infringement and remand for determination of whether Honeywell can rebut the presumption of surrender under Festo.”
