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| Terms: |
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Background Of The Invention: A section of a patent
application pointing to the pertinent prior art and how the instant
invention relates to the prior art. |
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Bar: A destruction of an action or a claim in law. |
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Best Mode: A third requirement of the first paragraph
of 35 U.S.C. 112 is that: The specification . . . shall set forth the
best mode contemplated by the inventor of carrying out his invention. |
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Biological Material: Material that is capable of
self-replication either directly or indirectly. Representative examples
include bacteria, fungi including yeast, algae, protozoa, eukaryotic
cells, cell lines, hybridomas, plasmids, viruses, plant tissue cells,
lichens and seeds. Viruses, vectors, cell organelles and other
non-living material existing in and reproducible from a living cell may
be deposited by deposit of the host cell capable of reproducing the
non-living material. |
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Board Of Appeals: An adverse decision of a patent
examiner is subject to review by the Board of Appeals which is formed
from a panel of members that includes the Commissioner of Patents, the
deputy commissioner, the assistant commissioners, and
examiners-in-chief. At least three members of such panel must hear each
appeal. As a general rule, the Board upholds the decision of the
examiner in about seventy per cent (70%) of all cases. This is roughly
the same rate as all appeals in all areas of law. |
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Broad Claim: The failure to meet the written
description requirement of 35 U.S.C. 112, first paragraph, commonly
arises when the claims are changed after filing to either broaden or
narrow the breadth of the claim limitations, or to alter a numerical
range limitation or to use claim language which is not synonymous with
the terminology used in the original disclosure. To comply with the
written description requirement of 35 U.S.C. 112, para. 1, or to be
entitled to an earlier priority date or filing date under 35 U.S.C. 119,
120, or 365(c), each claim limitation must be expressly, implicitly, or
inherently supported in the originally filed disclosure. |
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Business Method Patent: State Street Bank & Trust Co.
v. Signal Financial Group, Inc. 149 F.3d 1368 (Fed. Cir. 1998) cert
denied 119 S. Ct. 851 (1999). The court ruled that patent laws were
intended to protect any method, whether or not it required the aid of a
computer, so long as it produced a "useful, concrete and tangible
result." |
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