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   Need Help w/ this
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   Author  Topic: Need Help w/ this  (Read 1864 times)
still_studying
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Re: Need Help w/ this
« Reply #10 on: May 17th, 2007, 7:22pm »
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For the second, how about something like "The method of claim 1, where the user selects a subset of the plurality of data. . . ."  If you want one or more, rather than zero or more, you could claim "selects a nonempty subset".
 
Not sure what you mean by the first question, sorry.
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SoCalAttny
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Re: Need Help w/ this
« Reply #11 on: Jun 14th, 2007, 11:52pm »
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I file applications with means +function claims and structure + function claims. I do not mix in method claims because I was taught that you would get restricted.
 
My view is that 2 applications can be filed from one spec and one set of drawings, the second being a set of method claims for the same invention.
 
Double patenting is an expected rejection but is overcome with a terminal disclaimer.
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Isaac
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Posts: 3472
Re: Need Help w/ this
« Reply #12 on: Jun 15th, 2007, 6:18am »
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on Jun 14th, 2007, 11:52pm, SoCalAttny wrote:
I file applications with means +function claims and structure + function claims. I do not mix in method claims because I was taught that you would get restricted.

 
These kinds of restrictions (between method and apparatus) are more common in some arts that others.   For example in many software art units, restrictions of this kind are fairly rare.   Depending on the number of claims in the application and the practice in the involved art unit, it may be cost effective to bet on not getting a restriction.   Also, when those art units do restrict, they draw the lines differently so that if you self restrict the method claims you are likely to end up with 4 applications rather than two.
 
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Isaac
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