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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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