Invention defined

The bulk of the patent specification is the disclosure, the text and illustrations that describe the claimed invention in detail and explain how the claimed invention differs from the prior art. Modem patent disclosures contain a summary of the claimed invention, a description of the background of the invention, a general description of the way in which the invention is made and used, specific examples, and, where appHcable, drawings of the invention in general or specific embodiments. The technical information provided in a patent specification may be used without infringing the patent only practicing the invention defined in the claims within the term and territory of the patent grant is forbidden. Because much of the information in patent specifications is never pubHshed in refereed journals or other nonpatent media, patent disclosures are an invaluable part of the technical Hterature. 

Suppose that a claimed invention defined a copying machine with features resulting in an improved precision of reproduction and suppose further that an embodiment of this apparatus could comprise further features (not claimed but apparent to the skilled person) the only purpose of which would be that it should also allow reproduction of security strips in banknotes strikingly similar to those in genuine banknotes. In such a case, the claimed apparatus would cover an embodiment for producing counterfeit money which could be considered to fall under Article 53(a) EPC. There is, however, no reason to consider the copying machine as claimed to be excluded since its improved properties could be used for many acceptable purposes . 

When a description requirement issue arises, the PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims. For example, the pro s burden of proof would be satisfied when the examiner points out a claimed embodiment (e.g., added by amendment) outside the scope of the disclosure as filed. The burden of proof then shifts to applicants to show that the claimed invention is part of the description as filed. 

The claims dehne the invention. They delineate the scope of protection granted to the patent owner. Claims are sometimes compared to the legal description in a deed. Like the legal description in the deed, they define the metes and bounds of the property right granted to the patent owner. The patent owner has the right to exclude others from practicing the invention defined by the claims, and only from the invention defined by the claims. 

For historical reasons the Wiener index, W, is introduced in this section. It was defined in 1947 and is still a starting point for the invention of new topological indices. 

What particularly seemed to excite Wohler and his mentor Berzelius about this experiment had very little to do with vitalism Berzelius was interested m cases m which two clearly different materials had the same elemental composition and he invented the term isomerism to define it The fact that an inorganic compound (ammonium cyanate) of molecular formula CH4N2O could be transformed into an organic compound (urea) of the same molecular formula had an important bearing on the concept of isomerism... 

A fundamental requirement for obtaining a patent is defining an advance, development, or invention which is within those classes of "subject matter" which the law of the United States regards as patentable. Two classes of patentable subject matter, ie, computer software and biotechnology, are the subject of relatively new and evolving law. However, other types of subject matter rest on fairly certain ground as to patentabiUty. Examples of patents directed to various types of subject matter are described in the following. 

An inventor may estabHsh utiHty by providing several working examples which disclose preparation, appHcation, and even some or all of the benefits of the invention. UtiHty may also be substantiated by merely disclosing several appHcations for the invention. One method of determining the breadth or scope of an invention is to define the invention by only those elements essential to performing the intended task. This definition should then become the broadest cl aim of the patent appHcation. 

Patent laws provide for several stages in the life of an application for a patent on an invention. The pattern followed by patent laws in effect in most industrialized countries during the nineteenth and early twentieth centuries, and still in effect in the United States in 1995, calls for the examination of all patent appHcations to certify that the claimed invention meets the national standards for novelty, usehilness, and inventiveness. The owner of the technology to be patented files appHcation papers that include a specification containing a description of the invention to be patented (called the disclosure) and claims defining the limits of the invention to be protected by the patent, a formal request for the issuance of a patent, and fees. Drawings of devices and apparatuses, electrical circuits, flow charts, etc, are an important part of the disclosures of most nonchemical and many chemical patents. 

For large departures from T, we have to fall back on eqn. (5.21) in order to work out Wf. Thermodynamics people soon got fed up with writing H - TS all the time and invented a new term, the Gibbs function G, defined by... 

The Swedish engineer, Weibull, invented the following way of handling the statistics of strength. Fie defined the survival probability PJ.Vg) as the fraction of identical samples, each of volume Vg, which survive loading to a tensile stress a. Fie then proposed that... 

The production of integrated circuits has, in the 40 years since their invention, become the most complex and expensive manufacturing procedure ever it even leaves the production of airliners in the shade. One circuit requires a sequence of several dozen manufacturing steps, with positioning of successive optically defined layers accurate to a fraction of a micrometer, all interconnected electrically, and... 

Although I have defined terms such as quality control and quality assurance in this chapter, what is important is not the definition but the deeds which it imbues. Whether we call the set of principles I have listed under the heading Quality assurance, Quality Assurance, Quality Improvement or Quality Control makes no difference since it does not change the set of principles. We often seem to invent a term then decide what it means rather than invent or discover a set of principles and think of a suitable name which conveys exactly what we intend without confusing people. Instead of saying Quality control is. .. or TQM is. .. to which there will be many propositions, we should be asking What should we call this group of principles so that we can communicate with each other more efficiently As Shakespeare once said That which we call a rose/By any other name would smell as sweet. ... 

But a computer simulation is more than a few clever data structures. We need algorithms to manipulate our system. In some way, we have to invent ways to let the big computer in our hands do things with the model that is useful for our needs. There are a number of ways for such a time evolution of the system the most prominent is the Monte Carlo procedure that follows an appropriate random path through configuration space in order to investigate equilibrium properties. Then there is molecular dynamics, which follows classical mechanical trajectories. There is a variety of dissipative dynamical methods, such as Brownian dynamics. All these techniques operate on the fundamental degrees of freedom of what we define to be our model. This is the common feature of computer simulations as opposed to other numerical approaches. 

One of the most important reasons for man s progress in understanding and controlling his environment is his ability to communicate knowledge to the next generation. It isn t necessary for each twentieth century scientist to invent the atomic description of matter. This was invented by John Dalton in the nineteenth century, and Dalton recorded his ideas in the scientific literature together with the observations that led him to the model. By study of this and subsequent literature a modern scientist can appraise the nature of the description, the facts it will explain, and the limitations. He is quickly able to approach the frontiers of knowledge—the frontiers defined by the limitations in our accepted models of the behavior of matter. 

The Hammett equation is not successful for reactions of aliphatic compounds if the normal cr constants are used. A new scale of substituent constants, labeled cr, was invented to allow the extension of the method to such systems. The difference in the rates of hydrolysis of esters in basic versus acidic solutions is used to define the scale. The transition states are... 

The pH scale was invented to reduce the necessity for using exponential numbers to report acidity. The pH is defined as... 

The invention also included catalyst immobilization, which was incorporated to facilitate the separation step. Maintaining the catalytic activity while meeting the requirements of the mechanical properties clearly imposes very restrictive conditions on the immobilization support material. Where and how a fixed bed of catalyst is included in a desalting process, or even a moving phase, is not clearly defined. The patent [251] was issued in 1994, and no further development to this scheme has been published since then. 

CD-R was something of a surprise invention as, in the late 1980s, most of the major manufacturers in the optical memory area were commercializing the non-standard and relatively expensive WORM media, while focusing their research and development efforts on erasable optical storage. It was also believed that a writeable CD-Audio/CD-ROM-compatible medium was not feasible, due to the high reflectivity needed to meet the CD standard as defined by the Red and Orange Books.196... 

---