Re: 737 Claim 5 cancelled, New claim 13-Cguilfor
posted on
Sep 24, 2012 10:31PM
This takes the broad language of the initial patent that refers to testing the media and turns it into a laser focus to just testing the integrity of the media. We now ignore the integrity of the actual data stored on the media. Since that was always the point anyway and this would mean most products would still infringe this is all good.
What may not be so good is that I see no language in the filings that state that the canceled claim must still be read into the patent during prosecution. This is the key to what kept the 774 strong after the amendment. In my non attorney opinion it would seem that claim 13 is NEW NEW so any infringement would be valid only after the certificate reissue. Now some pages did state this was an "examiner amendment" so maybe that means something.
What do you guys think? I would love to be way off on this.