Kemnetz: Class Notes - Clear Equivalence vs. Clear Non-Equivalence

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Clear Equivalence

  • method of making paper bags patent - cookie cutter to cut shape from above the bag
  • clearly equivalent: stamper w/knife under the bag is clearly equivalent

  • electric welding composition - magnesium silicate = magnese (sp?)

  • gyroscope: same elements, same relationship. the different invention: different in size, form and shape
    • is equivalent


  • important reature - mode of operation and the way it works and means results obtained
  • equivalence is a matter of fact --> the jury decides

Clear Non-Equivalence

  • golf ball dimples:
    • nonequivalent - one great circle uncovered (mold)

  • method to keep cover on thermometer patent - hook that digs into plastic
    • non infringing - ring friction lock
    • patents didn't do the same purpose in the same manner

  • socks - they adjusted, not modified, the machine in the prior art
    • machine achieved longer stitch, but didn't need the cam --> missing elements


  • analysis: make hypothetical equivalent claim & show no prior art problems.
  • also cannot broaden claim