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:
: : I've studied the claims sections on issued patents at both IBM and PTO databases so I can do a better job on that application I'm drafting. 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? : : 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. : Dear Mt. Rusten, : My own experience has been just doing it finally gives you the feel. : Even Jerry Lemelson, who recently died with $200M in the bank and more patents than anyone else, could not write a good patent application. He could invent but did have the feel for writing applications. I know, he brought me his applications. : You have to get the feel for the abstractions in view of the prior art and then hope that the examiner you get will go along with what you have done or your arguments. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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