I'm working on a claim.

I have limitation that looks something like this.

wherein the animal is at least one of:
     a cat;
     a dog;
     a lion found in a zoo;
     a tiger found in said zoo; or
     an elephant;

Since I already used "a zoo", i'm using "said zoo" to refer the same zoo. Is that correct?

Or I have to use "a tiger found in a zoo"?

Just to be clear, I wanna refer to the same zoo where lion and tiger found.

2 Answers 2


With "said" or "the" it is clear you are referring to the same zoo. If you fear that may not be the case, then you can make it clearer by defining "a first zoo" and "said first zoo".

Antecedent basis extends throughout the entire claim, so it does not matter whether you are inside a list or an if clause, with "said" and "the" you refer to the element introduced before in the claim.

  • "Antecedent basis extends throughout the entire claim" - That is what I was confused about. Thanks for clearing that up. Oct 22, 2020 at 0:47

Yes this a proper way to deal with antecedents if you really want to only include tigers from the same zoo the lion was in. Note that a tiger in some zoo that did not contain a lion would not clearly be a member of your list. Is this the desired meaning? If not, they are not the same zoo and you do not want an antecedent at all.

If you do intend the zoo to be the same zoo and some other zoo in mentioned elsewhere in the claim, then "first zoo", "second zoo" will be needed. Said could be replaced by the.

Separately, at least in the U.S., the "or an elephant" can be a problem. It may sound odd, but it needs to be "and an elephant". Think of it this way - you are saying, "the list of what an animal can be is - a horse, a cow and a pig". There are three things on the list.

I would use commas, not semicolons.

  • Thanks for the answer. I'm confused about the "and an elephant" part. What is the different between wherein the animal is at least one of a cat, a dog and an elephant and wherein the animal is at least one of a cat, a dog or an elephant? Oct 22, 2020 at 0:56
  • 1
    Conjunctions have been often argued over in courts - you might look at this article ipwatchdog.com/2013/10/17/conjunctions-andor-patent-claims/…
    – George White
    Oct 22, 2020 at 18:22
  • If I don't want any combinations (at least), and want to refer to only one from the list, which one is the correct? (1) wherein the animal is one of a cat, a dog and an elephant (2) wherein the animal is one of a cat, a dog or an elephant ? Thanks Oct 23, 2020 at 17:21
  • It is not a good idea unless you need to get around prior art but "consists of one of . . . " means exactly just one of the items. To get around your claim someone just needs two dogs or a dog and a cat, depending on the context in the rest of the claim.
    – George White
    Oct 23, 2020 at 20:16
  • Got it. Thanks. Oct 24, 2020 at 8:06

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