Questions tagged [claim-construction]

The tag has no usage guidance.

10 questions with no upvoted or accepted answers
Filter by
Sorted by
Tagged with
2 votes
0 answers

Is something that a user does, an step of a method

Can I write a claim as: A method for detecting X comprising the steps of: Entering Z by the user, Specifying the dimensions of Y by the user ...
Ahmad's user avatar
  • 297
1 vote
1 answer

Scope of a method claim when it uses terms that are narrowly construed in an apparatus claim

I'm trying to decipher a competitor's patent (US only), which follows the usual system-method-CRM format for computerized patents (in this case, a standard computer with standard peripherals running ...
tasukete's user avatar
1 vote
2 answers

How to delimit the last element in a list of means?

The claim 2 has a list of means that apply to "the object" but it may be misconstrued that the last element in the list is not "intercepting" but rather "intercepting the object" in which case the ...
Jimski's user avatar
  • 225
1 vote
1 answer

Appearance of words in Claims

In writing my Independent Claim is it necessary that every item term, nouns, identifying parts or processes of the invention be included in said Independent Claim? I currently have Dependent Claims ...
Allan Scott Barber's user avatar
1 vote
0 answers

Does the phrase “data stored in the memory or persistent storage of the device” (if used in a claim) adequately cover data storage functions?

More specifically: The claim is not in regard to a new type of memory or storage, or a new usage of storage. It only refers to a computing device's capabilities to store data both temporarily and semi-...
Charles's user avatar
  • 633
0 votes
0 answers

Will this simple claim cover 36 embodiments?

Will this simple claim cover 36 embodiments? I claim: 1. A device, comprising: a. a thingamabob comprising at least one selected from the group consisting of: a foo; a bar; and ...
Drakes's user avatar
  • 121
0 votes
2 answers

A claim that is more general than one in prior art

Supposed that in prior art, this claim exists: Triangular shaped object Circular shaped object Square shaped object Would the following claim be allowed: Triangular shaped object Circular shaped ...
Bear Bile Farming is Torture's user avatar
0 votes
0 answers

Difference between an independent claim and a dependent claim for same thing

Is there a difference in patentability, scope, or protection from infringement between the two cases of claims below? case 1 I claim: 1 A piece; a hole in said piece. case 2 I claim: 1 A piece. ...
Pilgrim's user avatar
0 votes
0 answers

additional X" instead of first X and second?

Why would we say further comprising a second X, as opposed to saying further comprising an additional X? Then what if there can be a second, third, fourth, fifth, etc.?
Pro Se Hole's user avatar
0 votes
0 answers

In independent claim does "attachable to a Y" establish existence for antecedent

Independent claim: comprising: an X attachable to a Y. Does this establish an antecedent existence of Y to where the dependent claim should now say "the Y" or does the dependent claim need to first ...
Pro Se Hole's user avatar