PREAMBLE

preamble (pree-am-b<<schwa>>l), n.1. An introductory statement in a constitution, statute, or other document explaining the document’s basis and objective; esp., a statutory recital of the inconveniences for which the statute is designed to provide a remedy. • A preamble often consists of a series of clauses introduced by the conjunction whereas. Such a preamble is sometimes called the whereas clauses. [Cases: Statutes 210.]

“The preamble cannot control the enacting part of the statute, in cases where the enacting part is expressed in clear, unambiguous terms; but in case any doubt arises on the enacting part, the preamble may be resorted to to explain it, and show the intention of the law maker.” Den v. Urison, 2 N.J.L. 212 (1807).

2.Patents. The first words of a patent claim, often a single phrase indicating the field of art. • The preamble is typically nonlimiting unless it “breathes life and meaning into the claims.” Corning Glass Works v. Sumitomo Elec. U.S.A., Inc., 868 F.2d 1251, 1257 (Fed. Cir. 1989). Elements, the later parts of the claim, narrow this broad identification more and more specifically.

Cf. BODY OF A CLAIM; TRANSITION   PHRASE.  —  preambulary (pree-am-by<<schwa>>-ler-ee), preambular (pree-am-by<<schwa>>-l<<schwa>>r), adj.

[Blacks Law 8th]