Re: drafting claims--using "first, second ..." instead of ends, or means

Subject: Re: Re: drafting claims--using "first, second ..." instead of ends, or means

Comments:
: :It appears that other authors use the words, "First" and "Second" and maybe "Third" rather than making reference to the top and bottom, or right and left sides, etc. The invention on which I will prosecute an application has tops, bottoms and many things on the left and right side. Where can I find some guidelines on usage of this technique? Where can I find a larger list of descriptive terms of art? Landis on Mechanics of Patent Claim Drafting? Should I ask the examiner to draft my first independent claim for me? : 1. "Top", "bottom", "right".., terms assume a reference point that is independent from the claimed invention. OTOH, "First [element description]", "second [element description]" include a reference point that is within the claimed invention. It's more correct and less likely to lead to Section 112 Indefinateness problems - which are now very important in light of Festo. : 2. Terminology? Try other related art patents. : 3. Landis is one source, related art patents are another. : 4. NO! The Examiner will not draft your claim. I wouldn't even ask. : : I tell my friends that only a fool would rely solely on the Nolo Press Book, Patent It Yourself, by Pressman, or directions on how to draft patent claims, but I'm not finding sources for answers to the many questions that I have as I work on these claims. : Well unfortunately, it is a fact of life that you pay to learn. If you do not want to hire an attorney or agent for assistance, expect to spend quite a bit of your time getting it done properly . Moreover, you may eventually end up having to file one or more continuation apps or a RCEs before you get it "right."

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