RE: generic structures

Jiri -

1. According to online dictionaries:

aryl means "derived from aromatic hydrocarbon: describes a chemical
group derived from an aromatic hydrocarbon"

heterocyclyl has no definition but heterocyclic means "containing
noncarbon atom: describes or relating to a ring system composed of atoms
in which at least one is not a carbon atom"

See for example: http://www.onelook.com/

Since those words have a definition, they are not undefined. Any claim
reciting either word will have limits imposed on the scope of the claim
based upon the existence of that word in the claim. The actual limit
imposed depends upon the rules of claim construction.


2. The rules of claim construction may vary from country to
country. However, they generally ascribe to words in claims the
meanings those words have in common usage in the relevant technical
field as further clarified by their use in the specification of the
patent document. The U.S. allows an express definition of a word in a
patent document to trump the common usage in the relevant technical
field, but the definition must be very clearly a definition.

thanks, RICK

Rick Neifeld, Ph.D. Patent Attorney
President
Neifeld IP Law, PC URL: www.Neifeld.com
StockPricePredictor.com, LLC URL: www.PatentValuePredictor.com
4813-B Eisenhower Avenue
Alexandria Virginia 22304
Tel: 703-415-0012
Fax: 703-415-0013






-----Original Message-----
From: Jiri Krechl [mailto:jiri.krechl_at_spechem.cz]
Sent: Thursday, November 03, 2005 10:57 AM
To: PIUG-L_at_derwent.co.uk
Subject: generic structures



When interpreting (chemical) patents I frequently come over indefinite
expressions like "aryl, heterocyclyl". I wonder if there is any common
consent that would enable to focus such expressions to a definite
(though
large) sets of meaningful structures ? I am afraid that with the vague
approach I observe it would be possible to patent the whole Universe
within a single patent.

I would appreciate any link to where this matter is being discussed.

Jiri

Jiri Krechl
SpeChem Ltd.
Prague
The Czech Republic

t: +420-284 691 500
f: +420-284 690 415
e: jiri.krechl_at_spechem.cz


Received on Thu Nov 03 2005 - 19:00:18