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[Linda J]

If a patentee has narrowed elements (through select limitations) in a dependent claim of an expired patent - to overcome the prior art; can another patent applicant use some of those same narrowed elements in a dependent claim to also overcome the prior art?  Also will a patentee infringe on the in force patent if they use those same narrowed elements in manufacturing; or would they both be covered by the broad dependent claim of the expired patent?

[khazzah]

If a patentee has narrowed elements (through select limitations) in a dependent claim of an expired patent - to overcome the prior art; can another patent applicant use some of those same narrowed elements in a dependent claim to also overcome the prior art? 

While those dependent limitations may give you an idea of a direction to narrow, adding those same limitations does not guarantee that you will overcome the prior art in your own application. The Examiner does a search in each individual application, and different Examiners turn up different art. If the Examiner in your application finds art which teaches a particular limitation, it's not legally relevant to argue "but the PTO found this limitation novel in issued patent X,XXX,XXX".

[Yak]

If the Examiner in your application finds art which teaches a particular limitation, it's not legally relevant to argue "but the PTO found this limitation novel in issued patent X,XXX,XXX".

Oh, if only....