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Author Topic: More questions on formal language  (Read 763 times)

smgsmc

  • Guest
More questions on formal language
« on: 04-06-07 at 06:43 am »

The discusions on claims language ("said "vs " the", etc) have been very useful to a rookie like me:  whether a phrase is specific, personal taste, anachronism, or "lawerly."  Here are two others (I've done a search in this forum back 3 yrs and came up empty).

(1) "wherein" vs "in which".  I've seen the following usages: (1) "wherein" throughout the application, (2) "in which"  throughout the application (rare), and (3) "in which" in the spec and "wherein” in the claims.  The other combo, “wherein” in the spec and “in which” in the claims, I’ve never seen.  That makes sense, I guess, because claims are more formal than the spec and “wherein” is more formal than “in which.”  Any distinctions?

(2) “at least one” vs “one or more” vs “plurality of”.  I’ve gotten the impression that you should avoid the use of “or” in a claim if alternative phrasing is available.  Is this true?  Is “plurality of”  the same as “at least two” or “two or more” ?  Thanks
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JimIvey

  • Guest
Re: More questions on formal language
« Reply #1 on: 04-06-07 at 08:19 am »

Quote
(1) "wherein" vs "in which".  I've seen the following usages: (1) "wherein" throughout the application, (2) "in which"  throughout the application (rare), and (3) "in which" in the spec and "wherein” in the claims.  The other combo, “wherein” in the spec and “in which” in the claims, I’ve never seen.  That makes sense, I guess, because claims are more formal than the spec and “wherein” is more formal than “in which.”  Any distinctions?

None that I can think of.  FWIW, I use convention (3).

Quote
(2) “at least one” vs “one or more” vs “plurality of”.  I’ve gotten the impression that you should avoid the use of “or” in a claim if alternative phrasing is available.  Is this true?  

I've heard that.  I don't buy it.  I use "one or more".  One client insisted that I change it to "at least one".  I honestly don't see a difference.  I hear that "one or more" could be "one" or "more" -- you don't know!  Omigod!  Uncertainty!  So, you resolve that with "at least one".  But couldn't that be "one" or "more" as well?  In fact, using "comprising" and "including" introduces exactly the same kind of uncertainty yet those terms are absolutely ubiquitous in patent claims.

My conclusion:  "or" is definitely not taboo.

Personally, I think there's nothing wrong (logistically) in replacing "consisting of" with "comprising" in a Markush group or even just using "or" in a list.  As a computer scientist quite comfortable with digital logic, I'm comfortable with similar logic in claims.

Quote
Is “plurality of”  the same as “at least two” or “two or more” ?

Yes.  Exactly the same as both of those.  Note that it's not the same as "one or more".

Regards.
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