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- Path: sparky!uunet!utcsri!torn!news.ccs.queensu.ca!qucdn!simcoee
- Organization: Queen's University at Kingston
- Date: Thu, 12 Nov 1992 10:15:33 EDT
- From: <SIMCOEE@QUCDN.QueensU.CA>
- Message-ID: <92317.101533SIMCOEE@QUCDN.QueensU.CA>
- Newsgroups: misc.int-property
- Subject: Legal status of Preamble
- Lines: 23
-
- OK - here is another question from a budding patent agent.
-
- What is the legal status of the Preamble to an independent claim?
-
- More specifically, can a limitation to the claim described in the
- preamble serve to narrow the protection to the text following the
- word "comprising"
-
- More specifically, if the preamble says "a system for interfacing
- a standard telephone to a radio transceiver comprising" and the means
- listed do not include a standard telephone - can the protection of
- the "system" be broadened to include interfaces for non-standard
- telephones? (whatever that means).
-
- More specifically, if the disclosure describes a system for interfacing
- a standard telephone with a radio transceiver, can the independent claims
- support something "more" if the limitation is only listed in the
- preamble?
-
- I hope that I have phrased the question properly. I look forward
- to your responses. Thank you.
-
- Elliott Simcoe
-