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Author Topic: an apparatus vs. an assembly  (Read 726 times)

mybrainisfull

  • Guest
an apparatus vs. an assembly
« on: 07-15-07 at 07:20 am »

Hi,
Im planning to file a U.S. utility application for an apparatus and method of constructing the same whereas (hypothetically):

CLAIM 1: An apparatus comprises A and B and C

CLAIM 2: A method of constructing an apparatus comprising the steps of x then y then z (which is essentially the assembling of A,B, and C).

My question is: Is there any reason to have an additional independent claim for an assembly?

For example: An assembly comprising A and B and C?

In other words, wouldn't the "assembly" claim essentially be the same as the apparatus claim in this example? Or is there some distinction between them?  

Thanks.
« Last Edit: 07-15-07 at 07:29 am by mybrainisfull »
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patentpilot

  • Guest
Re: an apparatus vs. an assembly
« Reply #1 on: 07-15-07 at 09:15 am »

I don't see a problem with "assembly".  I've written claims, in addition to methods, to apparatus, systems, and devices.  As long as you don't run afoul of Sec. 101, you shouldn't have a problem.  Having said that, sticking to the tried-and-true designations means one is less likely to receive a 101 challenge.
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