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   Method of treatment claims in view of Dippin Dots
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   Author  Topic: Method of treatment claims in view of Dippin Dots  (Read 462 times)
bluesky
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Method of treatment claims in view of Dippin Dots
« on: Apr 7th, 2007, 2:57pm »
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Hello all
 
I am going to restate a ? I posed before to hopefully trigger some discussion.
 
Claim 1 recites, for example:
 
A method of treating disease X comprising administering to a subject compound A.
 
Assuming the specification does not disclose administering any other compound other than A, could the claim be limited to administering solely compound A?
 
I am looking at the recent Dippin Dots decision that held “the recited steps must, however, all be practiced as recited in the claim for a process to infringe. The presumption raised by the term “comprising” does not reach into each of the... steps to render every word and phrase therein open-ended."
 
http://www.fedcirc.us/case-reviews/dippin-dots-inc.-v.-mosey-et-al.html
 
In the hypo claim, the term comprising is present, but the comprising exists prior to the method steps and not before the compound.
  
Thus, I am wondering if one administered a prodrug of A-B or a mixture of A + B, does anyone think these products would still certainly infringe the above claim?
 
Without a doubt, I think the better practice is to now clearly claim a method of treating disease X comprising administering...an effective amount of a composition comprising compound A.  But there are alot of patents out there that use the above language of claim 1 where the comprising language exists only before the method step(s).
« Last Edit: Apr 7th, 2007, 2:59pm by bluesky » IP Logged
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