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Author Topic: Open or closed list?  (Read 793 times)

guest

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Open or closed list?
« on: 11-18-05 at 05:40 pm »

How do you interpret the following claim?

A system comprising:
 element A;
 element B;
    wherein element B includes items selected from the list of X, Y and Z.

1) Is this list open eneded?

2) Does the claim require presence all of X, Y, and Z in the sytem for inclusion of at least one of them in element B?
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Isaac

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Re: Open or closed list?
« Reply #1 on: 11-18-05 at 06:43 pm »

I think the claim has some problems and might draw a rejection for being indefinite although at least arguably it is not indefinite.


My opinion is that the use of the plural in "where B includes items" suggests
that at least two, but not necessarily all of X, Y, and Z must
be present.

If it were meant for B to include one or more of X,Y, and Z or
any one of X, Y, and Z, why not say so explicitly.

To answer your question  I don't think a selection is being claimed so the system would not have to include X,Y and Z.
« Last Edit: 11-18-05 at 06:48 pm by clarklawyer »
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Isaac
 



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