Claim Formats

1
Claim Formats

• Product-by-Process
• Means-Plus-Function

2
Product-by-Process

• Why use it?
• How interpreted
• Atlantic
• PTO
• Litigation
• Scripps
• PTO
• Litigation

• Whos right?
• What if it is necessary to use product-by-process
• E.g., Exxon ashless dispersant?
• Panel issue

3
Functional Claiming

• 112(6)

• Donaldson
• PTO
• Litigation

4
Functional Claiming Al-Site

• Why is there literal infringement even though
  glue clearly isnt a rivet or button?

• What does footnote 2 mean?
• If means is used
• If structure is recited

5
A Problem

• The same patent in Al-Site is filed in 1949.
  Suppose Velcro was invented in 1950. Same facts
  as in Al-Site except the fastener is Velcro.

• How should a judge instruct the jury on
  infringement?

6
112(6) or not?

• means for lokcing a door
• locking means for locking a door
• a lock for locking a door

• the step of locking a door by
• locking a door by