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   Does the specification include claim?
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   Author  Topic: Does the specification include claim?  (Read 975 times)
Jason Kang
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Does the specification include claim?
« on: Oct 10th, 2007, 9:46pm »
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Does the specification include claims?
 
From 35 USC 112, it seems like it does.  
 
"...The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention."
 
However, I get confused when I read the following sentence in MPEP,  
 
"After reading the specification and claims, the examiner searches the prior art"
 
Does it imply that the specification and claims are different?
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biopico
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Re: Does the specification include claim?
« Reply #1 on: Oct 13th, 2007, 6:19pm »
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on Oct 10th, 2007, 9:46pm, Jason Kang wrote:
Does the specification include claims?
 
From 35 USC 112, it seems like it does.  
 
"...The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention."
 
However, I get confused when I read the following sentence in MPEP,  
 
"After reading the specification and claims, the examiner searches the prior art"
 
Does it imply that the specification and claims are different?

 
As an embodiment(s), a claim(s) can be included in the specification.  Specification ought to support claim(s)-adequate written description.  
 
 
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Wiscagent
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Re: Does the specification include claim?
« Reply #2 on: Oct 14th, 2007, 9:32pm »
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"...The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention."  
 
Yes, technically the claims are part of the specification.  But as used colloquially, the specification does not include the claims.  The quoted passage of the MPEP uses the colloquial meaning.
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Richard Tanzer
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