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   an apparatus vs. an assembly
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   Author  Topic: an apparatus vs. an assembly  (Read 473 times)


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an apparatus vs. an assembly
« on: Jul 15th, 2007, 8:20am »
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Im planning to file a U.S. utility application for an apparatus and method of constructing the same whereas (hypothetically):
CLAIM 1: An apparatus comprises A and B and C
CLAIM 2: A method of constructing an apparatus comprising the steps of x then y then z (which is essentially the assembling of A,B, and C).
My question is: Is there any reason to have an additional independent claim for an assembly?
For example: An assembly comprising A and B and C?
In other words, wouldn't the "assembly" claim essentially be the same as the apparatus claim in this example? Or is there some distinction between them?  
« Last Edit: Jul 15th, 2007, 8:29am by mybrainisfull » IP Logged
Bill Richards
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Re: an apparatus vs. an assembly
« Reply #1 on: Jul 15th, 2007, 10:15am »
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I don't see a problem with "assembly".  I've written claims, in addition to methods, to apparatus, systems, and devices.  As long as you don't run afoul of Sec. 101, you shouldn't have a problem.  Having said that, sticking to the tried-and-true designations means one is less likely to receive a 101 challenge.
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William B. Richards, P.E.
The Richards Law Firm
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