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Author Topic: The word 'or'  (Read 570 times)

Patentstudent

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The word 'or'
« on: 10-11-10 at 05:24 am »

I would like to ask a question to the experts here on this forum.

Presume that I have to claim an apparatus that comprises nails, screws or bolts or a combination of at least two of these for the construction of a specific feature.
Should I write '....comprising nails or screws or bolts .... etc.' ? Does that cover the combinations?

Thank you in advance for your advice.   
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Wiscagent

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Re: The word 'or'
« Reply #1 on: 10-11-10 at 05:40 am »

If you change the "... etc." to "or combinations thereof." then you'll be in good shape.
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Richard Tanzer
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Patentstudent

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Re: The word 'or'
« Reply #2 on: 10-11-10 at 05:57 am »

Thank you very much for your reply.
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JimIvey

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Re: The word 'or'
« Reply #3 on: 10-11-10 at 11:53 am »

If you want to be certain that combinations are covered, then Richard's suggestion is appropriate.

If you're just curious to know whether '....comprising nails or screws or bolts ....' covers something that includes both nails and screws (i.e., whether "or" is interpreted as a non-exclusive "or"), I believe the answer is that it does.  Even if the "or" is interpreted as an exclusive "or", use of "comprising" indicates that adding additional elements does not avoid infringement.

Regards.
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James D. Ivey
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Patentstudent

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Re: The word 'or'
« Reply #4 on: 10-11-10 at 11:15 pm »

Jim, thank you for the additional explanation. It is very helpful and clear
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