Legal status of Preamble

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1 total messages Started by SIMCOEE Thu, 12 Nov 1992 14:15

#63

Author: SIMCOEE
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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