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Author Topic: Another Means For problem  (Read 779 times)

Ricky Rickers

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Another Means For problem
« on: 09-26-06 at 08:35 am »

Hello All,
  I was wondering something.   When claiming an invention and using the terms "means for," I understand you cannot have any structural language after the means for.   However, is it proper to use:

A displaying device
    an interface
    means for generating an image, said means comprising: receiving an image, playing with an image etc

????

It is supposed to be an apparatus claim, but it looks like a method kind of....
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Isaac

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Re: Another Means For problem
« Reply #1 on: 09-26-06 at 09:33 am »

Quote
Hello All,
   I was wondering something.   When claiming an invention and using the terms "means for," I understand you cannot have any structural language after the means for.


That's not an accurate statement of the law.   If you want to invoke 35 USC 112, sixth paragraph then you use a functional description lacking structure to perform said function.   But you can use "means for" in ways that don't invoke 35 USC 112, p6.   I don't recommend doing so.



Quote
A displaying device
     an interface
     means for generating an image, said means comprising: receiving an image, playing with an image etc


The above form is not correct.  Try something like this instead...

means for generating an image, said means comprising:  
                  means for receiving an image;
                  means for playing with an image;
                  etc.

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Isaac
 



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