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Topic: X-Claim


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In the News (Mon 28 Dec 09)

  
 Claim (patent) - Wikipedia, the free encyclopedia
Patent claims are usually in the form of a series of numbered expressions following the description of the invention in a patent or patent application, and define, in technical terms, the extent of the protection conferred by a patent or by a patent application, when applicable.
A Swiss-type claim or "Swiss type of use claim" is a claim intended to cover the second or subsequent medical use (or indication) of a known substance or composition.
Markush claims were named after Eugene Markush, the first inventor to use them successfully in a U.S. patent, in the 1920s.
en.wikipedia.org /wiki/Claim_(patent)

  
 Claim (patent) - Wikipedia, the free encyclopedia
Patent claims are usually in the form of a series of numbered expressions following the description of the invention in a patent or patent application, and define, in technical terms, the extent of the protection conferred by a patent or by a patent application, when applicable.
A means-plus-function claim is a claim including a technical feature expressed in functional terms of the type "means for converting a digital electric signal into an analog electric signal".
Omnibus claims are not allowed under the EPC "except when they are absolutely necessary" [1] [2], but are acceptable at some offices, such as the United Kingdom Patent Office.
en.wikipedia.org /wiki/Claim_(patent)   (1511 words)

  
 Claim Jumper - Wikipedia, the free encyclopedia
Claim Jumper is a restaurant chain with thirty-two locations in Arizona, California, Colorado, Nevada, and Washington.
The term "Claim Jumper" is a reference to the California gold rush; a "claim jumper" was someone who stole someone else's mining claim.
Claim Jumper also sells a line of frozen dinners in grocery stores.
en.wikipedia.org /wiki/Claim_Jumper   (147 words)

  
 Chicago Legal Advocacy for Incarcerated Mothers (CLAIM)
CLAIM launched the Advocacy Project in 1992 to help formerly incarcerated women develop their leadership skills and to organize them to promote policy change.
CLAIM is a not-for-profit agency founded in 1985 to help women prisoners and their children maintain contact.
CLAIM was formed in 1985 to address the gap in legal aid and advocacy for women prisoners and their families.
www.claim-il.org   (171 words)

  
 M.P.E.P. Section 2309.01, Formulation of Counts (BitLaw)
Claim 3 of application G and claim 15 of application H define a separate patentable invention from claims 1 and 2 of application G and claim 11 of application H. If an interference is declared, there will be two counts: Count 1 (engine) and count 2 (engine with a platinum piston).
Claims 1 and 2 of patent C and claims 11 and 12 of application W would be designated to correspond to the count.
Claims 1 and 2 of application E and claims 11 and 12 of application F would be designated to correspond to the count.
www.bitlaw.com /source/mpep/2309_01.html   (171 words)

  
 Baggage Claim Luggage & Leather Goods in Aspen Colorado
The Baggage Claim is now truely one stop shopping.
Visit our extensive selection and rest assured that your next journey will be much more enjoyable.
www.baggageclaim.com   (171 words)

  
 5007-N Information Sheet About Manitoba Tax Credits
If 1999 is the first year we consider you to have a spouse, one spouse can claim a property tax credit on his or her residence before you became spouses, and on your common residence after you became spouses.
You cannot claim the cost-of-living and property tax credits for a spouse who was confined to a prison or a similar institution at the end of the year, and was there for six months or more during the year.
The total credit claimed by a student and a supporting person for that student cannot be more than $700 (7% of a maximum $10,000 in tuition and education amounts).
www.cra-arc.gc.ca /formspubs/prioryear/t1/1999/5007-n/5007-n-99e.html   (171 words)

  
 Digital Law Online: Getting A Utility Patent
Does the claim “a widget, comprising A, B, and C” read on a non-widget that nevertheless has A, B, and C? It depends on whether the preamble is necessary to give meaning to the claim, and whether it was treated as a limitation during the examination of the patent application.
During claim interpretation during litigation of a patent, one of the jobs for the court will be to determine the structure that corresponds to the “means for” in a claim.
A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
digital-law-online.info /lpdi1.0/treatise55.html   (171 words)

  
 Chapter 1: Introduction to Canadian Patent Law
The larger fences are the broad claims; the narrowest fences are the narrow claims.
In Canada, claims are most commonly of the form having a brief preamble describing the apparatus or method in terms of its field of use, the transition "comprising", and followed by the claim elements (apparatus elements or process steps) which are like a checklist of the components of the claimed invention.
Markush claims are often used in chemical composition patents where a selection can be made from a "class" of claim elements.
www.jurisdiction.com /patweb01.htm   (171 words)

  
 canada.doc
The presence of linking Claims 3 in both examples does not justify the inclusion of unrelated subcombinations in one application and restriction is required under Section 36(1) of the Patent Act and Section 36 of the Patent Rules.
Consequently, the process claims may be directed to a method of preparing a family of compounds while the product claims may be restricted to only one member, or a small number of members, of that family.
Further, where a group of inventions is claimed in the same application, the requirement of unity of invention referred to in section 36 of the Patent Rules is considered to be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features.
www.wipo.int /scp/en/working_group/session_2/comments/canada.doc   (171 words)

  
 www.claim.org
Claim personnel shall be encouraged and assisted in further developing their knowledge, expertise, and professionalism in the field of claim administration.
Claimants shall not be compelled to institute unnecessary litigation in order to recover amounts due, nor shall the failure to settle a claim under one policy or one portion of a policy be used to influence settlement under another policy or portion of a policy.
Any individual who has, or believes he has, a claim is entitled to courteous, fair and just treatment; and shall receive with reasonable promptness an acknowledgment of any communications with respect to his claim.
www.claim.org   (605 words)

  
 No claims car insurance UK
However, claims that have been paid under the policy and have not yet been recovered from a third party may be taken into account.
A No Claims Bonus is a discount given by an insurer to policyholders who do not claim on their policy in a period of car insurance.
A claim in this instance is any payment made under the policy whether it is to the insured or a third party.
www.insureyourmotor.com /car-insurance/no-claims-bonus.asp   (605 words)

  
 HM Revenue and Customs: Taxes Acts 2001 - 2002 Vol.1 Taxes Management Act 1970 Schedules TMA70/SCH1B CLAIMS FOR RELIEF INVOLVING TWO OR MORE YEARS[Section 42(11A).]
(5) In so far as the claim relates to the profits of the earlier year, effect shall be given to the claim in relation to the later year by an increase in the amount of tax payable or, as the case may require, in the aggregate amount given by section 59B(1)(b) of this Act.
(6) Where this paragraph applies twice in relation to the same year of assessment, the increase or reduction in the amount of tax payable for that year which is required by sub-paragraph (5) above on the earlier application shall be disregarded in determining amounts A and B above for the purposes of the later application.
(6) Effect shall be given to the claim in relation to the later year, whether by repayment or set-off, or by an increase in the aggregate amount given by section 59B(1)(b) of this Act, or otherwise.
www.hmrc.gov.uk /taxes_act_2001/vol01/tmasch/tmasch-03.htm   (605 words)

  
 MPEP Section 2173.05(h)
A situation may occur in which a patentee has presented a number of examples which, in the examiner's opinion, are sufficiently representative to support a generic claim and yet a court may subsequently hold the claim invalid on the ground of undue breadth.
Where a Markush expression is applied only to a portion of a chemical compound, the propriety of the grouping is determined by a consideration of the compound as a whole, and does not depend on there being a community of properties in the members of the Markush expression.
The use of Markush claims of diminishing scope should not, in itself, be considered a sufficient basis for objection to or rejection of claims.
patents.ame.nd.edu /mpep6/ch_21/mpep_2173.05(h).html   (605 words)

  
 Brown & Michaels - How to read a patent - the claims
The claims are the heart of a patent, in that they define the limits of exactly what the patent does, and does not, cover.
Claims are numbered sequentially, with claim 1 usually being the broadest claim in the patent (but not always).
Markush groups are a way of writing a claim to cover an element which is selected from a list of elements.
www.lightlink.com /bbm/howtopat5.html   (605 words)

  
 MARKUSH CLAIMS IN EUROPE
In the Board’s judgement, this requirement reflects the general legal principle that the extent of the patent monopoly, as defined by the claims, should correspond to the technical contribution to the art in order for it to be supported or justified”.
The Italian jurisprudence was confronted with Markush claims in the Cefatrizine and in the Cimetidine cases [8].
These claims are intended to secure a broader patent protection, in particular a “downstream protection” further down the development pipeline, starting from gene to protein, from protein to protein effectors or inhibitors of all possible kind.
www.franzosi.com /english/article/legals21.htm   (605 words)

  
 803.02 Restriction - Markush Claims - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
As an example, in the case of an application with a Markush-type claim drawn to the compound C-R, wherein R is a radical selected from the group consisting of A, B, C, D, and E, the examiner may require a provisional election of a single species, CA, CB, CC, CD, or CE.
If the Markush-type claim is not allowable over the prior art, examination will be limited to the Markush-type claim and claims to the elected species, with claims drawn to species patentably distinct from the elected species held withdrawn from further consideration.
In applications containing claims of that nature, the examiner may require a provisional election of a single species prior to examination on the merits.
www.uspto.gov /web/offices/pac/mpep/documents/0800_803_02.htm   (605 words)

  
 Claim Form
If a claim against the State of Michigan is $1,000.00 or more, the claim needs to be filed with the Court of Claims, Ingham County Circuit Court, 313 W. Kalamazoo Street, P. Box 40771, Lansing, Michigan 48901-7971.
The State Administrative Board is vested with authority to delegate its authority to determine whether to allow any claim of $500.00 or less by a State employee for loss or damage to personal property to the head of the State department in which the claimant is employed, pursuant to MCL 600.6420.
The DMB-1104 Form "CLAIM AGAINST THE STATE OF MICHIGAN " is the only allowable form to be submitted for the State Administrative Board determination.
www.michigan.gov /doingbusiness/0,1607,7-146-6597_14454---,00.html   (605 words)

  
 Virgiliu Pop - Class D Property Claim
This claim is in response to the proliferation of claims and sale of 'extraterrestrial real estate' by different companies.
As an international lawyer specializing in extraterrestrial property rights, I can bring a significant numbers of arguments invalidating these claims that are based on simple 'animus' without any trace of a 'corpus'.
These individuals and companies claim to own the Moon, asteroids, etc, by the simple facts of desiring to own them, the fact that these objects have not been claimed in the past, and the fact that they have publicized their claim.
www.permanent.com /archimedes/claims/d200104280814.htm   (335 words)

  
 All About Traveling Internationally with Your Kids
There is usually an airline office near the claims area where you can explain what happened.
If you were delayed getting to the baggage claim area, look around the belt area first for your luggage.
If the odds are against you and you believe you have lost a piece of baggage, have your luggage claim chits handy; they are usually stapled into your ticket envelope when you finish checking in.
www.geocities.com /travelwithyour/bagclaim.html   (335 words)

  
 Procedure for Trusts on Short Taxable Year to Claim Exemptions on Behalf of Beneficiaries
A fiscal year trust should have claimed the exemptions on behalf of the beneficiaries on the basis of the beneficiaries' calendar year which ended during the trust's fiscal year.
A fiscal year trust should have filed any applicable Form 20 or Form 20A for a beneficiary's taxable year ending December 31, 1986, with the trust's return for its fiscal year which ended after December 31, 1986.
Trust A was a fiscal year taxpayer, with a year end of May 31.
www.dor.state.ma.us /rul_reg/tir/TIR88-4.htm   (335 words)

  
 4.2.2.20
She is advised to lodge a claim for payment of FTB after the end of that financial year, with or after her tax return for that year.
A past period claim is NOT effective if it is made in the same income year in which the past period occurs AND during some or all of the past period a withholding declaration for the claimant or their partner is in force in anticipation of their FTB entitlement.
Anne's claim is not effective as it is made in the same income year in which the past period occurs, and a withholding declaration is in force for this entire period.
www.facs.gov.au /faguide/guide/42220.htm   (335 words)

  
 Baby bonus instructions and claim 2003-04
A base year is the year which acts as a basis to compare taxable income in your claim year.
If you are lodging this claim with your tax return or an application for refund of franking credits and you have completed the EFT details, do not complete them again – we will use the information you have provided on your tax return or application for refund of franking credits.
A claim period is the period within the claim year for which you are eligible to claim the baby bonus.
www.ato.gov.au /print.asp?doc=/content/43938.htm&page=15   (335 words)

  
 Registered Patent Agent - Robert M. Hunter on Patents
After the final rejection of a claim occurs, the only recourses of an applicant are to argue that the final rejection was premature, to appeal the rejection or to amend the claim in accordance with any suggestion of the Examiner.
The process of fact finding and negotiation of patent claim language that occurs during the time that a patent application is pending and under examination at a patent office.
A patent claiming an invention that is an improvement or modification of an invention claimed in a prior patent.
www.webpatent.com /content/glossary.htm   (335 words)

  
 Merck v. Mylan Pharmaceuticals
The examiner had rejected the Markush claims under '103, citing Sheth as "describing sustained release preparations of levodopa and/or carbidopa" and Schor as "describing a controlled release composition of embraced species of polymers, for any and all oral drugs." The polymer combination of HPC and PVACA is, without dispute, not suggested by Sheth or Schor.
Since the examiner rejected the Markush claims in light of references that described a HPC/HPMC polymer vehicle, when Merck limited its claims to the HPC/PVACA combination it became estopped as to that vehicle in the dropped claims.
Merck argued to the district court, and repeats on appeal, that it was compelled by the examiner to elect a species from the proposed Markush genus, and that it amended its claims for this reason and not because the claims were unpatentable under '103.
www.ll.georgetown.edu /federal/judicial/fed/opinions/99opinions/99-1044.html   (335 words)

  
 HAS THE REASONABLE EXPERIMENTATION DOCTRINE BECOME UNREASONABLE: RETHINKING THE REASONABLE EXPERIMENTATION DOCTRINE IN LIGHT
The problem with this approach is that most scientists and patent examiners must presume that claims contained within an issued patent are enabled and should have issued, unless there is a particular reason to doubt this fact for the library or set of compounds in question.
Markush claim is used when there is no single generic term available to describe all of what an applicant's invention includes.
Markush claim is a claim that creates an artificial group and recites members of that group as being "selected from the group consisting of." 
www.jmls.edu /ripl/vol2/issue1/hopkins-bottom.html   (335 words)

  
 Las Vegas Weekly: Taste, Claim to fame
Claim Jumper is that rarest of restaurant birds; an upscale chain that takes no reservations.
Every Claim Jumper I've ever visited, regardless of the location, has been packed to the rafters with a hungry, impatient crowd clustered just outside the front door.
Roast chicken is a Claim Jumper hallmark, a huge half chicken prepared without butter or oil.
www.lasvegasweekly.com /2001_2/08_2/food_taste.html   (959 words)

  
 Menumasters
Okada joined Claim Jumper in 1991 after working as a sous chef and an executive chef at several other restaurants.
Claim Jumper is proud of staff longevity, which includes employees who have 10, 15 or 20 years of service.
McIntosh, a Claim Jumper “lifer,” was discussing the chain’s menu revamp, which added 20 new dishes last year to the Gold Rush-themed casual-dining chain’s already abundant menu of more than 150 items.
www.menumasters.com /2002/2002_claim.cfm   (840 words)

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