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[Chris Miller]

When a patent is written, the claims are listed out in no particular order
or are they listed in the order of importance.
Case in question, 2 patents have been issued for the same thing, it's an intake valve for a gas engine
One patents 1st claim is for an intake valve (6598577) the 2nd one is for a valve seat means (6659059).
The 2nd patent dosen't bring up a valve persay till the 7th claim. The main interest is the
intake valve this being the active part of the invention. Any mechanic can tell you that the
seat is the part in the head, not part of the valve.
The main question, once the dust settles is who will be selling a license to the other for making the product.

Any help would be appriciated.

Thank you
Chris

[M. Arthur Auslander]

Dear Chris,
There is order to the claims where there is a main claim, or a main claim in a set and the limiting depend claims.

What really counts is the state of the art and the breadth of the claims and then it only counts of you use the invention and or sell the patent.

If you think just getting a patent is the key to a fortune you can spend the fortune and get the patent and that may be all.

There are also patent lawyer who will get patent that are of no value, then they make all the money. That is why we have the Reality Check® .

M. Arthur Auslander  
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive™
Reality Check®

[JimIvey]

Hi Chris,

Funny to run into you here too!

I'll go ahead and summarize my earlier response so the answer gets to the forum.

Mr. Auslander is right.  The order is irrelevant.  The numbers are purely for identification purposes.  The merits of each claim are treated equally irrespective of the order in which the claims appear.

Regards,

Jim