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sans
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mentioning temperature range
« on: Apr 2nd, 2007, 4:51am »
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In a claim I need to mention a temperature range starting from 100 degrees to the melting point of a material Y, the melting point being excluded from the scope. If I write  
 
..heating Y in the temperature range of X degrees to its melting point,  
Is the melting point excluded from the scope? Is there a better way of writing  this..?
 
Thanks  
sans
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chemichael
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Re: mentioning temperature range
« Reply #1 on: Apr 2nd, 2007, 8:30am »
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how about heating Y in the temperature range of X to a temperature less than the melting point of Y
 
You could also use the term "between" but I have seen it argued that the between is inclusive of the two end points.  You could use the term "between" and then define it in the spec to be exclusive of the end points.  However, you may not want to limit yourself to that definition of between if you are using it differently elsewhere in the spec.
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smgsmc
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Re: mentioning temperature range
« Reply #2 on: Apr 4th, 2007, 7:45pm »
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on Apr 2nd, 2007, 4:51am, sans wrote:

In a claim I need to mention a temperature range starting from 100 degrees to the melting point of a material Y, the melting point being excluded from the scope. If I write  
 
..heating Y in the temperature range of X degrees to its melting point,  
Is the melting point excluded from the scope? Is there a better way of writing  this..?
 
Thanks  
sans

This probably isn't good patentese, but the precise mathematical expression is the half-open interval [100,T), which includes the lower bound 100, but does not include the upper bound T, where T is the melting point.
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JimIvey
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Re: mentioning temperature range
« Reply #3 on: Apr 4th, 2007, 11:15pm »
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You can also be specific using plain English -- at least 100 and less than T.  The lower bound can be either (i) at least or (ii) greater than (the latter not including the limit itself).  The upper bound can be (i) less than or (ii) no more than (the latter including the limit itself).
 
Regards.
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smgsmc
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Re: mentioning temperature range
« Reply #4 on: Apr 28th, 2007, 6:38am »
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on Apr 4th, 2007, 11:15pm, JimIvey wrote:
You can also be specific using plain English -- at least 100 and less than T.  The lower bound can be either (i) at least or (ii) greater than (the latter not including the limit itself).  The upper bound can be (i) less than or (ii) no more than (the latter including the limit itself).
 
Regards.

Hi, I'd like to revisit this, because I've just recently come across two instances in which I've had to "reverse engineer" patentese into math.  A standard math expression would be 100<=Temp<T, which in English would be "a temperature in the interval greater than or equal to 100 and less than T"  .  Or, what is wrong with being explicit, "a temperature in an interval between 100 and T, in which the interval includes 100 but does not include T"  This way there's no ambiguity, and I don't need to pause  to translate expressions such as "at least" and "no greater than" .  The only reason I see for not using explicit languange is to keep lawyers gainfully employed in prosecuting infringement cases.
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