RE: [ATM] More 'Patent 101' [was 'Too Small Optics-( and flexproduced optics)']

["mbyorick" <mbyorick@starband.net>]

There may additional patents in a related area, but I did not search for
them.  

You are right about the U.S. 6,425,671 patent as being limited to a
puller, and not covering a pusher.  However, any method or apparatus
nevertheless infringes a patent claim, if such method merely uses every
element of the claim at issue.  That is, a patent (claim) is still
infringed if one's system performs each step of a method claim, or if
one builds a device having each element of an apparatus (system) claim,
REGARDLESS of what additional steps or elements one might add to the
claimed process/system.  Therefore, merely adding a pushing device to
the elements already recited in claim 1 of the patent at hand, will not
avoid infringement of the patent.  On the other hand, omitting, or
significantly modifying a claim step or element will avoid infringement.


Finally, whoa(!) - yes, you <can> patent a method of flexing before or
after polishing (assuming, of course, that the method is novel and
sufficiently non-obvious).  In fact, a method claim can be directed to
the use of a system where none of the underlying apparatus is patented,
or even patentable (I write such claims all the time); one can patent,
for example, a method for swallowing a pill (and yes, such a method has
been patented).  There are literally millions of 'method' patents that
have been issued (all software patents are effectively method patents).

Mike Byorick

> 
> Mike dug around for us and turned up ONE patent (not plural). It deals
> specifically with a puller in the middle. Yet to do what was discussed
in
> the thread would require a pusher in the middle, puller on the
perimeter.
> Your patent claim does not address this, apparently, as your perimeter
> seems limited to compression.
> 
> Also, as Bob pointed out, you can't patent the idea of flexing before
or
> after polishing. You can only patent the specific device with which
you do
> the flexing.
> 
> So, are there more patents?
> 
> Or, just the one?
> 
> John

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