P6/FD4

Question 1

When construing the meaning of a term in a claim integer, what must always be done? (2)

Answer 1

1) cite all occurences of the term in the patent - is it the same meaning in all embodiments?

2) ‘because’, I construe this to mean X because on PgY lineX, etc. etc.

Question 2

Is the PSA the same for each claim?

Answer 2

No - it needs to be analysed each time.

Question 3

Does the CGK always include patent documents/all prior art in the exam?

Answer 3

No - sometimes patent docs are not part of the CGK and there should be hints to this if relevant. Additionally, not all prior art is considered CGK, again there should be hints if this is the case.

Question 4

What is the first step of the Pozzoli/Windsurfer approach?

Answer 4

1. Identify the PSA - can be different for each/different claims.
2. Identify the relevant CGK of that person, background of patent docs? - not all art will be GCK, look for hints.
3. Idenfify the inventive concept of the claim in question
4. Identify what if any differences exist between the inventive concept and the prior art
5. Identify if the differences constitute any degree of invention or are they obvious (withou knowledge of the alleged invention as claimed) - what do the prior art docs teach etc.

Question 5

What is the second step of the Pozzoli/Windsurfer approach?

Answer 5

1. Identify the PSA - can be different for each/different claims.
2. Identify the relevant CGK of that person, background of patent docs? - not all art will be GCK, look for hints.
3. Idenfify the inventive concept of the claim in question
4. Identify what if any differences exist between the inventive concept and the prior art
5. Identify if the differences constitute any degree of invention or are they obvious (withou knowledge of the alleged invention as claimed) - what do the prior art docs teach etc.

Question 6

What is the third step of the Pozzoli/Windsurfer approach?

Answer 6

1. Identify the PSA - can be different for each/different claims.
2. Identify the relevant CGK of that person, background of patent docs? - not all art will be GCK, look for hints.
3. Idenfify the inventive concept of the claim in question
4. Identify what if any differences exist between the inventive concept and the prior art
5. Identify if the differences constitute any degree of invention or are they obvious (withou knowledge of the alleged invention as claimed) - what do the prior art docs teach etc.

Question 7

What is the fourth step of the Pozzoli/Windsurfer approach?

Answer 7

1. Identify the PSA - can be different for each/different claims.
2. Identify the relevant CGK of that person, background of patent docs? - not all art will be GCK, look for hints.
3. Idenfify the inventive concept of the claim in question
4. Identify what if any differences exist between the inventive concept and the prior art
5. Identify if the differences constitute any degree of invention or are they obvious (withou knowledge of the alleged invention as claimed) - what do the prior art docs teach etc.

Question 8

What is the fifth step of the Pozzoli/Windsurfer approach?

Answer 8

1. Identify the PSA - can be different for each/different claims.
2. Identify the relevant CGK of that person, background of patent docs? - not all art will be GCK, look for hints.
3. Idenfify the inventive concept of the claim in question
4. Identify what if any differences exist between the inventive concept and the prior art
5. Identify if the differences constitute any degree of invention or are they obvious (withou knowledge of the alleged invention as claimed) - what do the prior art docs teach etc.