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VHDL - Why 'a plurality of N' must be used for 'N' in patent claims

 
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Old 01-01-2006, 12:33 AM   #1
Default Why 'a plurality of N' must be used for 'N' in patent claims


Hi,
Why 'a plurality of N' or 'the plurality of N' must be used fo 'N' in
patent claims?

What is the difference between them?

I found all patents I have checked if a number N (>0, or >1) is used,
'a plurality of N' or 'the plurality of N' must be used.

I checked with English disctionanry and still don't get any clue.

Thank you.

Weng



wtxwtx@gmail.com
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Old 01-03-2006, 06:19 AM   #2
Eric Smith
 
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Default Re: Why 'a plurality of N' must be used for 'N' in patent claims
writes:
> Why 'a plurality of N' or 'the plurality of N' must be used fo 'N' in
> patent claims?


Because patents are written to be legal documents, not engineering
documents. Legal documents are written using traditions that have
evolved over hundreds of years. Since patent examiners, lawyers, and
judges all expect patents to be written in a certain way, if you
submit an application that isn't written that way, you're just wasting
money.


Eric Smith
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Old 01-03-2006, 07:54 AM   #3
Robert Baer
 
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Default Re: Why 'a plurality of N' must be used for 'N' in patent claims
Eric Smith wrote:
> writes:
>
>>Why 'a plurality of N' or 'the plurality of N' must be used fo 'N' in
>>patent claims?

>
>
> Because patents are written to be legal documents, not engineering
> documents. Legal documents are written using traditions that have
> evolved over hundreds of years. Since patent examiners, lawyers, and
> judges all expect patents to be written in a certain way, if you
> submit an application that isn't written that way, you're just wasting
> money.

Again, that is what i call "patent-ese".
Instead of "many" or "multiple" one sees "a plurality of".
Like i said, follow the terminology and useage that you find in other
patents that are closely related to your particular idea.


Robert Baer
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Old 01-03-2006, 11:50 AM   #4
wtxwtx@gmail.com
 
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Default Re: Why 'a plurality of N' must be used for 'N' in patent claims
Hi Robert,
It is interesting to note that the styles for patent writing are
changing with time.

In old patents, 'said' was used for 'the'.

Now I found in more patents approved in 2005, they only use 'the',
never use 'said'.

It is very often now that a full sentence usually follows the
'wherein', instead of many separate words followed by descriptive
words.

Thank you.

Weng



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Old 01-04-2006, 03:53 PM   #5
Dirk Bruere at Neopax
 
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Default Re: Why 'a plurality of N' must be used for 'N' in patent claims
Robert Baer wrote:

> Eric Smith wrote:
>
>> writes:
>>
>>> Why 'a plurality of N' or 'the plurality of N' must be used fo 'N' in
>>> patent claims?

>>
>>
>>
>> Because patents are written to be legal documents, not engineering
>> documents. Legal documents are written using traditions that have
>> evolved over hundreds of years. Since patent examiners, lawyers, and
>> judges all expect patents to be written in a certain way, if you
>> submit an application that isn't written that way, you're just wasting
>> money.

>
> Again, that is what i call "patent-ese".
> Instead of "many" or "multiple" one sees "a plurality of".
> Like i said, follow the terminology and useage that you find in other
> patents that are closely related to your particular idea.


Legalese is a very precise language, quite comparable to computer languages.
If you ever see "...time is of the essence..." in a contract, prepare to run.

--
Dirk

The Consensus:-
The political party for the new millenium
http://www.theconsensus.org


Dirk Bruere at Neopax
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Old 01-04-2006, 05:46 PM   #6
soar2morrow@yahoo.com
 
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Default Re: Why 'a plurality of N' must be used for 'N' in patent claims

Dirk Bruere at Neopax wrote:
> Robert Baer wrote:
>
> > Eric Smith wrote:
> >
> >> writes:
> >>
> >>> Why 'a plurality of N' or 'the plurality of N' must be used fo 'N' in
> >>> patent claims?
> >>
> >>
> >>
> >> Because patents are written to be legal documents, not engineering
> >> documents. Legal documents are written using traditions that have
> >> evolved over hundreds of years. Since patent examiners, lawyers, and
> >> judges all expect patents to be written in a certain way, if you
> >> submit an application that isn't written that way, you're just wasting
> >> money.

> >
> > Again, that is what i call "patent-ese".
> > Instead of "many" or "multiple" one sees "a plurality of".
> > Like i said, follow the terminology and useage that you find in other
> > patents that are closely related to your particular idea.

>
> Legalese is a very precise language, quite comparable to computer languages.
> If you ever see "...time is of the essence..." in a contract, prepare to run.


Legalese is designed to keep lawyers employed. It is not, by itself,
"precise". Contracts and other legal documents written in "plain
English" are just as enforceable as the legalese version. Maybe even
more so, because a jury (non-lawyers) can understand them.

MOOYMMV.

Tom Seim



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Old 01-04-2006, 06:19 PM   #7
Symon
 
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Default Re: Why 'a plurality of N' must be used for 'N' in patent claims
<> wrote in message
news: oups.com...
>
> Legalese is designed to keep lawyers employed. It is not, by itself,
> "precise". Contracts and other legal documents written in "plain
> English" are just as enforceable as the legalese version. Maybe even
> more so, because a jury (non-lawyers) can understand them.
>

Hi Tom,
So, on this one I disagree with you. Legalese exists because it has terms
that have been defined to have a strict meaning in case law. It's not much
different to the jargon used by electronics engineers which has a precise
meaning. Contracts written in (say) "plain English" are enforceable, but
with a lot more effort as there will be no precedent.
IMO
Cheers, Syms.




Symon
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Old 01-05-2006, 05:13 AM   #8
Robert Baer
 
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Default Re: Why 'a plurality of N' must be used for 'N' in patent claims
wrote:

> Dirk Bruere at Neopax wrote:
>
>>Robert Baer wrote:
>>
>>
>>>Eric Smith wrote:
>>>
>>>
>>>> writes:
>>>>
>>>>
>>>>>Why 'a plurality of N' or 'the plurality of N' must be used fo 'N' in
>>>>>patent claims?
>>>>
>>>>
>>>>
>>>>Because patents are written to be legal documents, not engineering
>>>>documents. Legal documents are written using traditions that have
>>>>evolved over hundreds of years. Since patent examiners, lawyers, and
>>>>judges all expect patents to be written in a certain way, if you
>>>>submit an application that isn't written that way, you're just wasting
>>>>money.
>>>
>>> Again, that is what i call "patent-ese".
>>> Instead of "many" or "multiple" one sees "a plurality of".
>>> Like i said, follow the terminology and useage that you find in other
>>>patents that are closely related to your particular idea.

>>
>>Legalese is a very precise language, quite comparable to computer languages.
>>If you ever see "...time is of the essence..." in a contract, prepare to run.

>
>
> Legalese is designed to keep lawyers employed. It is not, by itself,
> "precise". Contracts and other legal documents written in "plain
> English" are just as enforceable as the legalese version. Maybe even
> more so, because a jury (non-lawyers) can understand them.
>
> MOOYMMV.
>
> Tom Seim
>

Perhaps, but the question pertains to terminology in patents.


Robert Baer
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Old 01-09-2006, 05:51 PM   #9
soar2morrow@yahoo.com
 
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Default Re: Why 'a plurality of N' must be used for 'N' in patent claims
I once read about a (successful) lawsuit against a flying club. The
issue was a liability waiver that used the phrase "bodily injury".
Well, the poor guy was killed and his heirs argued in court that death
was different from "bodily injury", and they won! In my mind death is
just extreme bodily injury, but not, in this case, to the jury.

Tom



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Old 01-09-2006, 05:59 PM   #10
mk
 
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Default Re: Why 'a plurality of N' must be used for 'N' in patent claims
On 9 Jan 2006 09:51:32 -0800, wrote:

>I once read about a (successful) lawsuit against a flying club. The
>issue was a liability waiver that used the phrase "bodily injury".
>Well, the poor guy was killed and his heirs argued in court that death
>was different from "bodily injury", and they won! In my mind death is
>just extreme bodily injury, but not, in this case, to the jury.
>
>Tom


I am with the jury on this one. You can argue that anything from
scrapes to loss of both legs to full paralysis from the neck down are
instances of "bodily injury" but in my opinion there is a difference
of quality between "DEAD" and any of those things which are again, in
my opinion, differences of degree.


mk
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