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It is assumed that a device comprises 4 logic circuits with following relationships using arrows representing input and output signals. A first logic circuit --> a second logic circuit --> a third logic circuit --> a fourth logic circuit.

The second logic circuit is the most important.

Can I claim in the following?

  1. (..), as in claim 1, wherein the device comprises a second logic circuit.

  2. (..), as in claim 3, wherein the device further comprises a first logic circuit.

  3. (..), as in claim 3, wherein the device further comprises a third logic circuit.

  4. (..), as in claim 5, wherein the device further comprises a fourth logic circuit.

  5. (..), as in claim 3, wherein the second logic circuit is a state machine.

  6. (..), as in claim 5, wherein the third logic circuit is a shifter register.

I have three questions:

a. Is it necessary to arrange all first 4 claims in a chained form?

b. Is it necessary to enumerate logic circuits in their appearance order in claims starting from first?

c. Are above claims 7 and 8 permitted?

Thank you.

Weng

2 Answers 2

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Too hard to tell without more information but

A. I do not see a claim 1 or 2. Every claim must be to a patentable device. If claim 1 is "A first logic circuit", unless the words are replaced with something substantive that is novel and not obvious it will be rejected.

B. You do not define any connection between the logic circuits.

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You need to switch the order of claims 7 and 8.

Q. Is it necessary to arrange all first 4 claims in a chained form?

A. Necessary? No. Might there be a reason to do it? Sure, but there is not enough information here to recommend for or against it.

Q. Is it necessary to enumerate logic circuits in their appearance order in claims starting from first?

A. The way you have it might generate an objection, but should not be the basis for a rejection. Why not just relabel them first, second, third instead of second, first, third?

Q. Are above claims 7 and 8 permitted?

A. They are in the wrong order, so you have to change that. Permitted? You can write whatever you want in a claim. There is nothing stopping you from filing them. Will a particular claim be allowed? That depends on everything in the claim including its base claim (not shown above) and any intervening claims, and on whatever is in the prior art.

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