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

From Bill Goodwine's Wiki
Jump to navigationJump to search

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