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[Memo]

Hi all,

If I'm drafting a claim with a list of alternative embodiments and I use the conjunction "or" to complete it.  Does that protect me from infringers who claim combinations?   

Example:  "for delivery over one or more wirless neworks to users on wireless phones, PDAs, or wireless devices."

Do I need to add "or combinations thereof" to fully cover these?  Clearly you can deliver a message on more that one of these in any given instance.  As an aside, if I use "and" instead of "or", does that mean I'm claiming they all must be used at the same time or is it just an alternative to "or"?  Small detail, but it seems important.

Thanks

[JimIvey]

See this recent discussion on the topic.

Regards.

[Memo]

Thanks Jim.  Apparently I need to go back to grammar school before I attempt to draft patent claims.

[Memo]

Jim, this may be asinine, but I'm using a ton of these.  Does it matter how you structure the sequence?  i.e. which of the examples below would be correct?

"containing apples, oranges, lemons, bananas, or any combination thereof"

"containing apples, oranges, lemons, or bananas or any combination thereof"

"containing apples or oranges or lemons or bananas or any combination thereof"


It seems to me the use of a string with commas is the equivalent of using "and". 

[JimIvey]

The first is probably most grammatically correct.

The officially ordained way to do that is "containing one or more types of fruit selected from a group consisting of apples, oranges, lemons, and bananas".

"Consisting of" introduces a closed list, no unnamed elements included.  In other words, grapes are not members of that group.

"Comprising" introduces an open list, can include other members.  In the context above, comprising would render the element excessively vague.

I hope that helps.

Regards.