Article View: misc.int-property
Article #63Legal status of Preamble
From: SIMCOEE
Date: Thu, 12 Nov 1992 14:15
Date: Thu, 12 Nov 1992 14:15
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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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Path: arc1-ca.pugleaf.net!sparky!uunet!utcsri!torn!news.ccs.queensu.ca!qucdn!simcoee 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