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Article #7

Independent Claims

#7
From: SIMCOEE
Date: Tue, 03 Nov 1992 19:37
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Please help me settle this debate.

I know that if an independent claim is accepted by the PTO, all subsequent
dependent claims will also be accepted.

However, if an indpendent claim is thrown out at trial, do all the
dependent claims fall with it?

I think not - but the contrary argument is hard to refute.  If the
broadest independent claim infringes upon some other patent's claim
(ie. it is anticipated by another claim) - then how can dependent claims
that depend on the independent claim that is now invalid be valid?
Wouldn't you say that they are anticipated as well (considering they
are narrower)?

I look forward to your responses.

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: Tue, 3 Nov 1992 15:37:54 EDT
From: <SIMCOEE@QUCDN.QueensU.CA>
Message-ID: <92308.153754SIMCOEE@QUCDN.QueensU.CA>
Newsgroups: misc.int-property
Subject:    Independent Claims
Lines: 18