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Article #63

Legal status of Preamble

#63
From: SIMCOEE
Date: Thu, 12 Nov 1992 14:15
23 lines
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OK - here is another question from a budding patent agent.

What is the legal status of the Preamble to an independent claim?

More specifically, can a limitation to the claim described in the
preamble serve to narrow the protection to the text following the
word "comprising"

More specifically, if the preamble says "a system for interfacing
a standard telephone to a radio transceiver comprising" and the means
listed do not include a standard telephone - can the protection of
the "system" be broadened to include interfaces for non-standard
telephones? (whatever that means).

More specifically, if the disclosure describes a system for interfacing
a standard telephone with a radio transceiver, can the independent claims
support something "more" if the limitation is only listed in the
preamble?

I hope that I have phrased the question properly.  I look forward
to your responses.  Thank you.

Elliott Simcoe
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Organization: Queen's University at Kingston
Date: Thu, 12 Nov 1992 10:15:33 EDT
From: <SIMCOEE@QUCDN.QueensU.CA>
Message-ID: <92317.101533SIMCOEE@QUCDN.QueensU.CA>
Newsgroups: misc.int-property
Subject:    Legal status of Preamble
Lines: 23