A theorethical patent situation:
Claims include: 1. A machine comprising device type A and device type B arranged to achieve X. 2. A machine according to claim 1 in which device type A is an M. 3. A machine according to claim 1 in which device type A is an N.
The device types A and B are known, the combination is not. Implementations of A as M, N and O are alredy known. In the patent description we describe embodiments of A as M, N and O. O is not included in the claims. O is feasible, but probably not a good idea.
My question is whether I understand the implications correctly:
1) Clearly there is not, independently, protection for implementing A as O. 2) An implementation of a machine to achieve X using O and B would be an infringement of claim 1, because O is a device type A. 3) Someone else cannot patent the implementation with O; it is now known. (In the unlikely event the inventor wants to use it.)
4) What is the advantage of the dependent claims of A as an M or N?