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Old August 25th 04, 02:55 PM
J. McLaughlin
 
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Dear Roy:
You have wondered about what the interest might be in the
application.

As you have accurately indicated, applications do sometimes undergo
extreme modification before one or more patents issue. Only the claims
in the issued patent constitute the meets-and-bounds of what is
protected.

However, comparing an application to the issued patent (or patents)
can be very revealing of the PTO's view of the subject matter. Insight
so gained can be of great help with further patent applications dealing
with similar subject matter.

In the days when it was not easy to compare applications with issued
patents, I had a case where a claim in an issued patent appeared to
encompass all archery targets having the appearance of an animal.
Paying to get a copy of the proceedings led to the conclusion that what
was actually protected were animal looking targets using two densities
of plastic! -- I have abbreviated the case --

The short answer is that one can (sometimes) learn from examining
the before and after.

To follow-up on another of your cogent observations: Design patents
protect the esthetic appearance of a useful article (and thus might not
be eligible for copyright protection) and their numbers start with a
"D." Plant patents have numbers that start with a "P."

Warm regards, Mac N8TT
--
J. Mc Laughlin - Michigan USA
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"Roy Lewallen" wrote in message
...
I'm not sure what the interest might be in the application, if a

patent
has been issued. Typically, an application undergoes modification --
sometimes, extreme modification -- before the patent issues. And only
the patent carries any prohibition about anyone making, using, or
selling the item.

The patent (6,677,914) is interesting in that it's a patent not for an
antenna, or a method of tuning the antenna, but a system which

includes
the antenna, a transmitter/receiver, and "means to coordinate the

means
for adjusting the length of said conductive members to receive a

desired
frequency used by said radio transmitter/receiver." To see exactly

what
is patented, look up the patent at the USPTO's web site and read

claims
1 and 16. Those describe exactly what is patented -- the patented

system
includes all the components in either claim. (The remaining claims are
more restrictive, put there in case the less restrictive claims are
deemed invalid in the future.) Only a system which includes all the
components in a claim is covered under the patent, except for
modifications "obvious to one skilled in the art".

DISCLAIMER: I'm not an attorney, patent or otherwise. This is based on
my limited and layman's knowledge of the law. Don't regard it as legal
advice -- see a qualified patent attorney if you need real legal

advice.

Roy Lewallen, W7EL

J. McLaughlin wrote:
Dear Group:
One may see a patent application for the "SteppIR" antenna on

the
PTO's web site.

Look for:
20020171598 Tunable antenna system

Punch in the above number he
http://appft1.uspto.gov/netahtml/PTO/srchnum.html

The application issued as patent 6,677,914.

I can not remember if this has been posted. 73 Mac N8TT

--
J. Mc Laughlin - Michigan USA
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