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To cabin the “broadest reasonable [claim] interpretation”: Rules change or ad hoc basis

November 26, 2017November 30, 2017| in Wegner's Writings| by John L. Welch
Thanks to everyone who supplied comments to the draft proposal, based upon which improvements have been made in the original paper.  The proposal is for a rewritten Rule 73 to cabin the “broadest reasonable interpretation” standard as well as ancillary changes, as explained in the attached paper:  “The ‘Broadest Reasonable [Claim] Interpretation’  and Other Shortcomings in the Patent Rules:  A Proposal for a New Rule 73.”

Rule 73-facilitated Improved Patent Drafting:  The Rule 73 proposal, here, is to teach how to present a clean, simple Summary of the Invention that focuses upon a clear definition of an element of the claimed invention at the point of novelty, whereby such clear definition will cabin an otherwise “broadest reasonable interpretation”.

Ad Hoc Reform without  a Rules Change:  Short of a Rules change, the paper explains how to draft a Summary of the Inventionto cabin an otherwise “broadest reasonable interpretation” of the claims at the point of novelty.

BRIletterANDpaperNov27

Regards,
Hal

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