Intellectual Property Law
New Matter WINTER 2019, Volume 44, Number 4
Content
- 2020 New Matter Author Submission Guidelines
- Case Comments
- Contents
- Copyright News
- Federal Circuit Report
- Intellectual Property Section Executive Committee 2019-2020
- Intellectual Property Section Interest Group Representatives 2019-2020
- Ip and Art: An International Perspective
- Letter from the Chair
- Letter from the Editor-in-Chief
- MCLE Self-Study Article
- Ninth Circuit Report
- Not So Fast: 2019 Federal Circuit Cases Challenge Reliance On Uspto Guidelines On Subject Matter Eligibility
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- Ttab Decisions and Developments
- "Wherein" the Money: Limiting, Inherent, or Aspirational?
"Wherein" the Money: Limiting, Inherent, or Aspirational?
D. Benjamin Borson
Borson Law Group PC.
INTRODUCTION
Patent practitioners often draft claims containing "wherein" (or "whereby") clauses. Under USPTO practice, such clauses have been challenged by Examiners, requesting such phrases to be deleted from the claims. This has led to uncertainty about the usefulness of such clauses, and some practitioners have attempted to draft such clauses in ways that do not incur an objection.