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David Stewart
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Confused By Wording
« on: Nov 2nd, 2007, 7:10pm »
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I am sorry I do not know where to put this question but it is generated from a subject of obviousness so here goes.
 
Lets suppose I invent a new kind of lamp.  This lamp uses a lightbulb that is powered by water.  I look at patent applications and there is my lamp with th bulb but on the application it says "The invention I claim is the light bulb that works by water.  When the light bulb is installed it will make the lamp light if the switch is turned on.  This bulb will send light from the lamp helping readers to see better."
 
I have a similar situation to the above, an idea on a patent but only a piece is is claimed as the invention.  Personally I am interested in the lamp, not the bulb.  Just looking for opinions, would this still be worth pursuing for a patent?
 
Thanks
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Bill Richards
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Re: Confused By Wording
« Reply #1 on: Nov 2nd, 2007, 7:45pm »
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Patentability (novelty and obviousness) is determined, not just by the claims, but by all that is disclosed/taught in the specification.
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William B. Richards, P.E.
The Richards Law Firm
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Sudhir Kumar Aswal
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Re: Confused By Wording
« Reply #2 on: Nov 9th, 2007, 10:04am »
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Dear David,
 
You have to overcome the obviousness part by showing some advancement, that may include generation of more power that is capable of generating more electricity or some other modification etc.
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pentazole
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Re: Confused By Wording
« Reply #3 on: Nov 9th, 2007, 2:02pm »
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Like Bill said previously, patentability is determined by all that is disclosed, not just the claims.  So when an Examiner sets out to determine patentability of your claim, he/she will evaluate your claim against someone else's entire patent, not just the claims of the patent.  So if the reference patent discloses/teaches your idea in some way, shape or form, but does not claim it, it will still be applied against you.
 
Online MPEP:
http://www.uspto.gov/web/offices/pac/mpep/index.htm
 
take a look at chapters 700 and 2100 for reference.
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