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Friday, August 18, 2017 1:00:47 PM
I have explained this in a previous post
1. If the CAFC kills say claim "x" on Patent 1
2. And the same verbiage and functionality is on Patent 2 but is called claim "y"
3. Does that make the claim 'different and independent' - no it does not, it makes it a different 'number' on the other patent - so on a semantics level you can count it as 'another claim getting through'.
4. Thus, you can count that as another claim but in legal actuality it is the SAME on patent 1 and patent 2, so it is really the 'same claim'.
5. Therefore if the CAFC kills it on patent 1 - it is gone on patent 2
people are double counting (from a legal perspective) here sir
I would suggest pulling up the patents and reading the claims that made it through
You will see there are only SIX claims that are functioanlly independent as a fact
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