tag:blogger.com,1999:blog-6733236595417664807.post7176434507160072872..comments2024-03-05T06:00:22.338-05:00Comments on All Things Pros: "Button" includes software and hardware implementations (Ex parte Ngueyn)Karen G. Hazzahhttp://www.blogger.com/profile/14864564225463528630noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6733236595417664807.post-68356882950141921522009-11-22T20:10:59.771-05:002009-11-22T20:10:59.771-05:00Sure, claim construction law says not to import fe...Sure, claim construction law says not to import features from a preferred embodiment into the claims. But here, the physical button wasn't the preferred embodiment, it was the only embodiment -- I didn't even see any broadening language. <br /><br />This is one of those cases where the embodiment captured by the broad claim construction would almost certain be invalid under 112 First written description. Because the spec, as I read it, didn't show that inventors possessed anything other than the physical button.Karen G. Hazzahhttps://www.blogger.com/profile/14864564225463528630noreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-39319025334666171002009-11-16T07:26:08.454-05:002009-11-16T07:26:08.454-05:00It seems to be that it is not inconsistent with th...It seems to be that it is not inconsistent with the spec to interpret the term buttom as including a software-implemented button just because the spec only discloses a physical button. Patent can often include non-disclosed embodiments with the scope of the claims.MPAnoreply@blogger.com