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Author Topic: Claim Limitations  (Read 1141 times)

Brian

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Claim Limitations
« on: 10-27-06 at 04:25 pm »

In narrowing a broad independent claim with two distinctly different limitations what is the logic behind deciding which dependent claims to put first, if both depend directly from the broad claim.  

Does the order matter when the application gets prosecuted at the USPTO as far as rearranging the claims etc ...

Thanks.
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Bill Richards

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Re: Claim Limitations
« Reply #1 on: 10-27-06 at 05:36 pm »

It doesn't really matter, but I usually put them in the same order as the elements in the independent claim.  If you stop and think about it, each dependent claim is really just an independent claim broken out into two or more parts.  In the long run, all the claim elements (from the independent and all dependent claims in the "thread") must be present in the accused device.  So, order doesn't matter.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
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Wiscagent

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Re: Claim Limitations
« Reply #2 on: 12-10-06 at 02:42 pm »

I've recently read several chemical patent with claims such as this:

The protective coating comprising:
a) at least 50% xxx;
b) 0.1 to 10% yyy;
c) 5 to 25% zzz; and
d) optionally less than 25% www.

What is the purpose of (d)?  In terms of both examining the claim, or determining infringement wouldn't (d) be ignored?

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Richard Tanzer
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