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

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

Attributes:

• 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

Attributes

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