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Patent Law
: Patently ObviousPatently-O Bits and Bytes: Queries from Readers
By Dennis Crouch, Esq.
- Query 1: A means-plus-function claim is limited to corresponding structures found in the specification as well as their equivalents. In litigation, is the process of identifying corresponding structures merely claim construction that is reviewed de novo on appeal?
- Query 2: In the original application, applicant received a restriction requirement and withdrew the apparatus claims and did not file a divisional. Now, in the reissue application (filed within two years of issuance), the applicant wants to add new apparatus claims (that are different from the original claims), but the examiner argues that by failing to file a divisional, applicant surrendered rights to all potential apparatus claims. This appears to be an expansion of Orita, 550 F.2d 1277 (CCPA 1977), but is it proper? See MPEP 1412.01.
Full post as published by Patently Obvious on April 07, 2010 (boomark / email).
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