In Class Clarification of Doc. of Equivalents

Clear Equivalents

• Method of making paper bags: patent=cookie cutter knife, equivalent=non-knife stamper with serrated knife below
• patent=gyroscope, equivalent=same elements, same relationships, different in shape, form and size

Attributes of Equivalents

Important Features:

• Mode of operation
• Way it works
• Means by which result is obtained

• Matter of fact - jury must decide

Clear Non-equivalent

• patent=uncovered golf ball, non-equivalent=one great circle of dimples uncovered
• Method to keep cover on thermometer: patent=ring digs into plastic, non-infringing=ring friction lock
• Coolers: patent=one axle roller handle, non-equivalent=multiple axles
• Sewing: Adjusted, not modified machine in the prior art - there was an element of the claim missing (equivalent result, not equivalent apparatus)

Analysis

• Method: One judge ruled that you must show a hypothetical equivalent claim and that there is no prior art problem in order for a claim to be equivalent.
• If you are missing a claim, equivalence cannot apply (on element-by-element basis: cannot compare something to nothing.)