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Author Topic: How far can an examiner go with "indirectly" contacting a surface?  (Read 1768 times)

still_learnin

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Just a warning: In mechanical cases, making the "direct contact" vs. "indirect contact" one is dangerous because then anyone can very easily design around your claims ...
If you just want to get your client a patent, do it. If you want to get them a meaningful patent, be wary.

Great advice. Sometimes a patent prosecutor get too focused on finding an amendment that overcomes the art, and doesn't think enough about how that amendment affects infringement.

If direct contact is important, in a technical sense, to how the invention functions, this also implies that a design-around probably isn't easy, and that the amendment is worth considering. If direct contact is not important to the invention, it's probably time to look in a different area for distinctions.
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The above is not legal advice, and my participation in discussions on this forum does not create an attorney-client relationship.
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