Wednesday, March 03, 2004 2:01:06 PM
Patent attorneys are expected to 'pad' the claims of an application to mark out as broad an area of IP as possible. It is the job of the examiner to pare this down to the appropriate level. Invariably, if a patent is awarded, the awarded claims are a subset of the claims list of the original application.
In the rare instance that all of an applications claims are awarded, (after sufficiently chastising the attorney in question for being so timid) the law firm immediately resubmits the application with an ammended claims list marking out a broader swath of IP.
In either case the initial application does not survive the process intact.
regards,
frog
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