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Author Topic: "means for" with dependent claims specifying means  (Read 1125 times)

newguy

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Is it considered proper form to use dependent claims which rely on a "means for" independent claim and then specify precise means? It seems redundant if the spec covers the variable means. Anything gained from this form? I've seen this and I am not sure if it is proper.

Example:

What is claimed is:
1) A golf club comprising:

--xxxxx-description including handle;

and means for varying said handle position.

2) The golf club according to claim 1, wherein said means for varying position is a screw.

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Wiscagent

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Re: "means for" with dependent claims specifying means
« Reply #1 on: 05-24-08 at 08:26 am »

If you are using a "means for" construction in your claims, then you should have a corresponding section in the specification that clearly defines that the "means for varying said handle position may include a screw, a ratchet, a clamp ..." or something to that effect.  There is nothing wrong in having a dependent claim that limits that list.   And if there is some prior art disclosing the gadget with a clamp (but not a screw), the dependent claim might allow you to work around that prior art during prosecution or litigation.
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Richard Tanzer
Patent Agent

newguy

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Re: "means for" with dependent claims specifying means
« Reply #2 on: 05-24-08 at 11:59 am »

Thank you!  :)
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