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DECISION of the Court of Appeal of the Unified Patent Court issued on 2 June 2026 concerning EP 3 511 174 (DE and UK designations) HEADNOTES Claim construction 1. There is no general rule that the skilled person would always and automatically take into account fluctuations which are due to the manufacturing process and the measurement method and in doing so would automatically add deviations to the – as such precise – numerical value in a claim feature. This may be a result of claim interpretation but is not inherent to the use of a numerical value in a claim. Private prior use 2. According to Article 28 UPCA, “Any person, who, if a national patent had been granted in respect of an invention, would have had, in a Contracting Member State, a right based on prior use of that invention or a rig ...