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Re: From Wayne Parham - Re: Patentable claim

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As I had mentioned, patent writers make a list of claims and if one is found to be unique by the examiners then the patent is granted. I had hoped that you might share with us which claim that was.
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Now IANAL, but I have been through the process a few times, and my understanding is that ALL claims of a granted patent are in force. Per 35 USC 112, all granted claims - that is, all claims that are in the granted patent - are in force. Violation of the patent requires violation of one or more of the claims of the patent. You are not restricted to one claim; the patent examiner is to disqualify all claims that are not novel and nonobvious.

Thus, in Mr. Danley's patent, all claims are in effect, and must be considered. Note that in the case of dependent claims you must also infringe on the base claim as well; simply using a technique mentioned in a dependent claim but not using techniques present in the base claim does not infringe.

At least that's my understanding after talking quite a bit with patent lawyers (and ex patent examiners).

Dan Wiggins
Adire Audio

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