Isaac
Senior Member
Posts: 3472
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Re: Processs claim
« Reply #1 on: Aug 21st, 2006, 6:15am » |
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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? |
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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.
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