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   Subtraction of claim element
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   Author  Topic: Subtraction of claim element  (Read 1909 times)
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Re: Subtraction of claim element
« Reply #5 on: Apr 8th, 2005, 3:08pm »
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No, sorry; no idea where to look.  However, you might consider that authority might be difficult to come by since intermediate products in regular manufacturing aren't nearly as transitory as they are in chemical reactions.
Perhaps you should take some time and consider the other perspective -- that of the examiner and competitors in the marketplace.  If you get a claim which reads on the intermediate product, couldn't you win an infringement action against them?  The fact that they add a coating to your patented product is immaterial, isn't it?  That's one of the big no-nos in patents -- getting a claim which covers something people publicly made, used, and sold prior to your invention.  
Now, think about what reassuring language you'd put in the claims to convince those other parties that you don't intend to cover what's been done before.  When you find that language, you might have a claim worth pursuing.
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James D. Ivey
Law Offices of James D. Ivey
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