Article View: misc.int-property
Article #7Independent Claims
From: SIMCOEE
Date: Tue, 03 Nov 1992 19:37
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