----- Original Message -----
From: "Dan Minette" <[EMAIL PROTECTED]>
To: "Killer Bs Discussion" <[EMAIL PROTECTED]>
Sent: Tuesday, February 25, 2003 2:33 PM
Subject: Re: more bad patents


>
> ----- Original Message -----
> From: "Nick Arnett" <[EMAIL PROTECTED]>
> To: "Killer Bs Discussion" <[EMAIL PROTECTED]>
> Sent: Tuesday, February 25, 2003 2:19 PM
> Subject: RE: more bad patents
>
>
> > > -----Original Message-----
> > > From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]
> > > Behalf Of Erik Reuter
> >
> > ...
> >
> > > The quadratic equation is fairly narrow and specific, but it should
not
> > > be patentable.
> > >
> > > Think of things like prior art and (admittedly less easy to prove)
> > > obviousness.
> >
> > Yes... but until I actually worked on some patents and worked around
> others,
> > I didn't realize how meaningless they can be.  With 13 claims, you only
> > infringe if you use all 13.
>
> I'm pretty sure that's wrong.  If that were true, than most patents I've
> looked at are exercises in stupidity and every patent lawyer I've talked
to
> is wrong.  All one has to do is violate one claim to infringe.


Let me give an example of that.  I've seen a patent that claims process X
as the first claim.  It then proceeds with further claims where

Using X in a tool that uses neutrons to determine formation properties.
Using X in a tool that uses gamma rays to determine formation properties.
Using X in a tool that uses acoustic waves to determine formation
properties.

Clearly, if one had to violate all of these sub-claims to violate the
patent, the workaround would be to build separate neutron, gamma, and
acoustic tools.

Dan M.


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