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LawImprover Purposive Approach
By limweiren
Category: Law. Viewed 732 times. Created September 2013.     Disclaimer.   
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1. Does the variant have a material effect upon the way the invention works?
YES
variant falls outside the patent claim
 
 
 

NO








2. Would this (i.e. the variant had no material effect) have been obvious at the date of publication of the patent to a reader skilled in the art
variant falls outside the patent claim
 
 
 

NO








3. Would the readers skilled in the art nevertheless have understood from the language of the claim that the patentee intended that strict compliance with the primary meaning was an essential requirement of the invention
YES
variant falls outside the patent claim
 
 
 

NO








conclusion is that the patentee was intending the word or phrase to have not a literal but a figurative meaning denoting a class of things which includes both the variant and the literal meaning.