Questions tagged [elements]

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Statutory justification for the "all elements test" in obviousness responses

I often see 103 rejections rebutted in essentially the same way a 102 rejection is rebutted: by arguing that one reference (usually the primary reference) does not teach the elements the Examiner ...
jordanpg's user avatar
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How are the elements of a claim determined?

If a hat = cap + visor, then how is it determined that the elements are cap and visor? Is this determined by the claim language used in the claim? Meaning, the elements are defined by the inventor? So ...
Bear Bile Farming is Torture's user avatar
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4 answers
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Equating claim elements in dependent claims?

Assume you have a system or method claim like the following: A system/method comprising A, B and C. Is it valid to equate two or more elements in a dependent claim like so?: The system/method of ...
user132162's user avatar
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Reciting claims for elements whose function can be achieved by multiple different mechanisms

I need to hear some of your strategies adopted to deal with a common situation as described in the title of this thread. As we know, an invention has multiple elements each providing its own function ...
user5727's user avatar
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Provisional Patent Filed Right Before Mine

I have been slowly developing a product for the last couple of years but my major hold up has been the legal side of things since I do not have the start-up funds. I decided to write the provisional ...
needsomehelp's user avatar