Powerful strategy by Stephen Durant using" Preamble" for definition of claim 5
in response to
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posted on
Aug 28, 2012 07:23PM
The examiner was interested in definition of the term “ Memory integrity test of claim 5 . Then Stephen Durant responded by the followings strategyto use “ Preamble”for definition Of claim5 in order be interpreted as the broadest reasonable interpretation also pointing to As a media test.JMHO
Patent owner respectfully submits that the reasonable construction standard requires that Patent claims must be read as a whole including both the claim preamble and the claim body.
The claim 5 Preamble recites“is suitable for recording voice messages “ which sets forth a Structural relationship between the “Removable flash memory recording medium chip “ and the“ Hand held device “ that requires the “ Memory integrity test “ be a media test to solve the defectiveMemory problem.
Patent owner respectfully submits that recording language of claim5 as a whole including both the claim preamble and the claim body.
In light of the specification , the term “ Memory integrity test “ most broadly relates to a test of the integrityof memory media and not at all to a test of data stored in the memory.
Patent owner amends claim 5 to explicitly state in the body of claim 5 what patent owner believes already to be the broadest reasonable interpretation in view of the preamble claim 5 , which is that the test recited in claim 5 to a media test.
This amendment is consistent with the patent owner interpretation of claim before and after amendment. Patent owner respectfully submits that the prior art of record does not teach or suggest the method of claim 5 under a broadest reasonable interpretation of that claim at the time of invention.
Submitted to USPTO Re - Exam by Stephen Durant Aug ,24 ,2012