I'm considering the case in which I have an invention and the subject matter is a (computer) web server. So: the first exemplary embodiment would be based on a “web server”, but since I don't want to introduce any limitation I'd like to claim it just as “server”. I draft a broadest possible claim and a state:
- A server apparatus and system comprising …..
If I want to claim a “server” then I have to specify the term “server 100” in the “DETAILED DESCRIPTION” section and in the drawings. But actually the first exemplary embodiment would be a “web server”.
So, in the detailed description of the embodiment, should I:
- include a “web server 101” in the block diagram of the “server 100” like in FIG.1? I've seen this way done in some patent application but I think that the it's not so logically true that something that is a “web server” is included in a “server”. It would be like saying that a “red car” it's included in a “car”.
- Having a first embodiment with a "server" like in FIG. 1 and the having a second embodiment with a "web server" like FIG. 2? Doing this way the first embodiment wouldn't be fully specified then because it's actually possible to do a detailed description just for the second embodiment, for which is possible to enter in other limitating details like HTTP protocol and so on. So isn't there the possibility that the first enbodiment would be considered as not fully detailed and therefor not valid as a basis for claim terms?
Is there any other suggested way to do what described above?