tag:blogger.com,1999:blog-6733236595417664807.post1365522196283166885..comments2024-03-05T06:00:22.338-05:00Comments on All Things Pros: Examiner can't infer non-statutory embodiments (Ex parte Azuma)Karen G. Hazzahhttp://www.blogger.com/profile/14864564225463528630noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-6733236595417664807.post-41875918326135127842010-02-25T12:17:56.423-05:002010-02-25T12:17:56.423-05:00>Think about making that change
>[deleting ...>Think about making that change <br />>[deleting "or propagate" from "any media which <br />>can store or propagate the program"]<br />>in the context of a claim which uses <br />>"comprising" then get back to me.<br /><br />I'm not following you when you say "in the context of a claim that uses comprising". Can you give an example?Karen G. Hazzahhttps://www.blogger.com/profile/14864564225463528630noreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-38241830031987631132010-02-24T21:45:43.892-05:002010-02-24T21:45:43.892-05:00"But I don't see how changing "any m..."But I don't see how changing "any media which can store or propagate the program" to "any media which can store the program" broadens the meaning. Doesn't it narrow the meaning? And if so, how does this change introduce new matter?"<br /><br />Think about making that change in the context of a claim which uses "comprising" then get back to me.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-51695939592249830942010-01-14T16:32:36.822-05:002010-01-14T16:32:36.822-05:00What the Azuma's specification actually said w...What the Azuma's specification actually said was:<br /><br />"The program for controlling the CPU 101 may be provided in the form of a distributed magnetic disk, optical disk, semiconductor memory, or other recording media, or distributed over a network"<br /><br />So while the spec did talk about transmitting a program over a network, the spec clearly did *NOT* identify the network as a computer usable medium. Instead the network is an alternative to using a disks, recording media, etc.<br /><br />"can you save a claim from invalidation under Nuijten by deleting the problematic portion of the spec?"<br /><br />Deleting might be problematic. Attempts to narrow meanings (e.g. narrowing ranges, add negative limitations, specify specific materials) often do add new matter, so perhaps narrowing is not a good indicator.<br /><br />That said, I believe its possible to find some way to limit the claim to tangible media without delecting or adding anything to the spec. I'd try adding the word "tangible" even if it were not in the spec.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-16217481087859992592010-01-14T12:53:41.035-05:002010-01-14T12:53:41.035-05:00Food for thought: can you save a claim from invali...Food for thought: can you save a claim from invalidation under Nuijten by deleting the problematic portion of the spec? <br /><br />I've heard some practitioners say that deleting material from the spec can be new matter. That makes sense if the effect of deleting is to broaden the meaning. But I don't see how changing "any media which can store or propagate the program" to "any media which can store the program" broadens the meaning. Doesn't it narrow the meaning? And if so, how does this change introduce new matter?Karen G. Hazzahhttps://www.blogger.com/profile/14864564225463528630noreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-6586880685306302432010-01-14T12:42:02.724-05:002010-01-14T12:42:02.724-05:00Yeah, I can see your point. The sentence you refer...Yeah, I can see your point. The sentence you refer to does seem like better ammunition to reject under Nuijten. But I'll play devil's advocate. <br /><br />If I were arguing to save this claim, I would argue that in this context, "distributed" does not mean "transmitted". The sentence actually says "the program may be...distributed over a network". I'd argue that "distributed" means that different pieces of the program *reside* in different places. And so has nothing to do with a signal carrying the program. <br /><br />I'm not sure which of us has the stronger position.Karen G. Hazzahhttps://www.blogger.com/profile/14864564225463528630noreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-59146160356715323302010-01-14T10:39:54.156-05:002010-01-14T10:39:54.156-05:00I find it interesting that the Examiner zoomed in ...I find it interesting that the Examiner zoomed in on the phrase "various other hardware configurations" rather than on "distributed over a network." Unless the "network" was described as a FEDEX/UPS/USPS type of network, I would assume that the "network" refers to Internet/WAN/LAN. Based on that assumption, I would be inclined to interpret the phrase "distributed over a network" as indicating a signal transmitted over the network.Anonymousnoreply@blogger.com