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montysimmons
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 328
Experience:  Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
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Below I made up two patent claims as an example. This patent

This answer was rated:

Below I made up two patent claims as an example. This patent is for USA.

1. A system of sensors, comprising:
two sensors;
and a box.
2. A method of connecting sensors, wherein the method is applicable to a system claimed in claim 1, the method comprising:
connecting the sensors serial;
and matching the sensors by size.

My question: is claim #2 a correct dependable claim ?
I'm interested especially if this part of the claim is correct: "wherein the method is applicable to a system claimed in claim 1,"

montysimmons :

No. I do not believe one can mix apparatus and method claims like you did here.

montysimmons :

IF I were going to mix "method" and "apparatus" claims, I would do it something like this.

montysimmons :

1. A method of connecting sensors comprising the steps of: providing two sensors electrically associated to form a sensor system;

montysimmons :

providing a box to house said two sensors.

montysimmons :

2. A method of connecting sensors as in claim 1, further comprising the steps of: electrically associating said two sensors in a serial configuration and matching the sensor by size.

montysimmons :

in the specification you would need to give a definition of "electrically associating"

montysimmons :

in the specification you would need to define what matching the sensors by size means and give examples or this claim would like be indefinite.

montysimmons :

*system; and

montysimmons :

Now the claims above are not perfect, but they are in the correct form.

Customer:

the technical idea is not a concern.

Customer:

But my worry is about the way I call other claim" wherein the method is applicable to a system claimed in claim 1,". I had the impression that they don't like this kind of 'long' format of refereeing to another claim.

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