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[cgy1]

What is the difference between using "the" and "said" when referring back to previously mentioned elements in the claims?

[Jonathan]

There isn't really any difference and their usage is generally a personal preference.

Here is a link to a detailed discussion on this topic:

http://www.intelproplaw.com/Forum/Forum.cgi?board=patent_filing;action=display;num=1116627408;start=2#2

[SoCalAttny]

After a few hours of mind numbing claim drafting I have found that "said" is a trigger to antecedant basis checking while "the" is at times glossed over due to it being familiar. Archaic? Perhaps.

Again, personal preference.

[Bill Richards]

After a few hours of mind numbing claim drafting I have found that "said" is a trigger to antecedant basis checking while "the" is at times glossed over due to it being familiar.

I've seen the same analysis and agree, but I don't use "said".