The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Jan 27th, 2023, 11:38pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Patent Filing and Prosecution
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Processs claim
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Processs claim  (Read 707 times)
Pagent
Newbie
*




   


Posts: 6
Processs claim
« on: Aug 20th, 2006, 11:11pm »
Quote Quote Modify Modify

If prior art has steps X,y,z and you have only xand Z to acheive the same objective, does prior art anticipate you? any ref tp MPEP on this?
IP Logged
Isaac
Senior Member
****




   


Posts: 3472
Re: Processs claim
« Reply #1 on: Aug 21st, 2006, 6:15am »
Quote Quote Modify Modify

on Aug 20th, 2006, 11:11pm, Pagent wrote:
If prior art has steps X,y,z and you have only xand Z to acheive the same objective, does prior art anticipate you? any ref tp MPEP on this?

 
Assuming that in your example, the capitalization (Z vs. z) is not significant, the answer is maybe.    
 
If your invention is to omit skip y,  a claim simply stating step x and step z would probably be anticipated by art showing  steps x,y,z.   You're going to have to somehow express that y is not to be performed in your claim.
 
If you manage to write your claim properly, perhaps it would be novel (not anticipated) over the prior art, but to be patentable the invention must be non-obvious as well.
IP Logged

Isaac
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board