Questions tagged [claim-construction]
88 questions
3
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How common and how acceptable is the use of ordered lists and the phrase "and combinations thereof" as the last component of a Markush Group claim?
Admittedly this is squeezing two questions into one, but they're both directly about Markush Group claim construction. From all I've read, the structure of this type always uses "selected from the group consisting of (A, B, and C or A, B, or C)" and…
Charles
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3
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Can I use exact same independent claim in a Continuation as my original granted patent, but with different dependent claims?
Can I use exact same independent claim in a Continuation patent that I used in my original issued patent, but with different dependent claims?
For example, if my issued patent had independent claim of "self-driving car", with dependent claim of…
James Louis
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2
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2 answers
Follow-up question about mentions of how the user interacts with a graphical user interface
I had a previous question about stating a specific class of computing device, or input method of a computing device. This is a related follow-up question.
Assume a form of click-and-drag-over interaction is stated in the first independent claim…
Charles
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1
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1 answer
When acting as one's own lexicographer, is there any prohibition against functional definition?
Suppose my claims recite a "memory" (in the context of a computer arts invention). The novelty of the invention is not in the memory itself.
Next, suppose I define memory in the specification as broadly as anything that "can retain information for…
bhuff36
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1
vote
2 answers
Broadening an independent claim using depending claims
I have an independent claim like this.
1. An X comprising:
...
wherein the animal is at least one of:
a cat,
a dog,
a lion not found in a brazilian zoo, and
a mouse.
Here I completely ignored the brazilian…
PrivateUser
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1
vote
2 answers
Alternative forms of non-exclusive options: “by, inclusively, either of ...”
Does the wording
...(accomplishing something) by, inclusively, either of
[option 1 description]; or
[option 2 description]
(– and conceivably, extendable to any number of additional elements, with a change of "either of" to "any of")
serve…
Charles
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1
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1 answer
Can "wherein" be used before "comprising"?
I am translating a PCT application. Claim 1 recites a device. Claim 2 depending from claim 1 recites a first device and a second device by defining the device in claim 1 as a first device. Below is my literal translation of claim 2. Is this …
rama9
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1
vote
1 answer
Is a singular word spelling a different word than a plural spelling, therefore screwing up antecedent flow?
If in the first independent claim I say "an X comprising at least one guide mark on the first side"
can I then say in a following dependent claim "the guide marks are also on the second side"?
Does the "mark" becoming "marks" screw up the…
Pro Se Hole
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1
vote
1 answer
Appearance of words in Claims
In writing my Independent Claim is it necessary that every item term, nouns, identifying parts or processes of the invention be included in said Independent Claim? I currently have Dependent Claims introducing items not previously stated by using…
Allan Scott Barber
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Does the phrase “data stored in the memory or persistent storage of the device” (if used in a claim) adequately cover data storage functions?
More specifically: The claim is not in regard to a new type of memory or storage, or a new usage of storage. It only refers to a computing device's capabilities to store data both temporarily and semi-permanently. For example, the difference between…
Charles
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1
vote
2 answers
Stating a specific class of computing device, such as touchscreen devices, in the first independent claim
Is there necessarily any risk or self-imposed limitation in having a Claim 1 statement like this –
A method for [fill in details here] on a computing
device controlled by touchscreen input, and ...
– if there will also be a dependent claim…
Charles
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0
votes
1 answer
Introducing an object for the time in an "or" clause: a/an or said?
Which is correct?
... comprising an A, or a device which may be characterized as an A, ...
or
... comprising an A, or a device which may be characterized as said A, ...
Update: Think about it: normal people understand the first statement in…
Drakes
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0
votes
1 answer
Reducing the number of patent claims
I have a patent application with 45 claims, one independent claim. Some of the claims are for explanation. As an example, the first claim includes:
determining x from y; and
processing x.
Some of the dependent claim are:
said determining is based…
nmnir
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0
votes
2 answers
Antecedent basis in "at least one of" claim
I'm working on a claim.
I have limitation that looks something like this.
wherein the animal is at least one of:
a cat;
a dog;
a lion found in a zoo;
a tiger found in said zoo; or
an elephant;
Since I already used "a…
PrivateUser
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0
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0 answers
additional X" instead of first X and second?
Why would we say further comprising a second X, as opposed to saying further comprising an additional X? Then what if there can be a second, third, fourth, fifth, etc.?
Pro Se Hole
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