SAMPLE TEMPLATE DRAFT: FORM LANGUAGE IN DETAILED DESCRIPTION

PATENT ATTORNEY – SAMPLE TEMPLATE DRAFT, FORM LANGUAGE IN DETAILED DESCRIPTION:

[0002]         In the following description, numerous specific details are set forth in order to provide a thorough understanding of the present embodiments.  It will be apparent, however, to one having ordinary skill in the art that the specific detail need not be employed to practice the present embodiments.  In other instances, well-known materials or methods have not been described in detail in order to avoid obscuring the present embodiments.

[0003]         Reference throughout this specification to “one embodiment”, “an embodiment”, “one example” or “an example” means that a particular feature, structure or characteristic described in connection with the embodiment or example is included in at least one embodiment of the present embodiments.  Thus, appearances of the phrases “in one embodiment”, “in an embodiment”, “one example” or “an example” in various places throughout this specification are not necessarily all referring to the same embodiment or example.  Furthermore, the particular features, structures or characteristics may be combined in any suitable combinations and/or sub-combinations in one or more embodiments or examples.  In addition, it is appreciated that the figures provided herewith are for explanation purposes to persons ordinarily skilled in the art and that the drawings are not necessarily drawn to scale.

[0004]         Embodiments in accordance with the present embodiments may be implemented as an apparatus, method, or computer program product.  Accordingly, the present embodiments may take the form of an entirely hardware embodiment, an entirely software embodiment (including firmware, resident software, micro-code, etc.), or an embodiment combining software and hardware aspects that may all generally be referred to herein as a “module” or “system.”  Furthermore, the present embodiments may take the form of a computer program product embodied in any tangible medium of expression having computer-usable program code embodied in the medium.

[0005]         Any combination of one or more computer-usable or computer-readable media may be utilized. For example, a computer-readable medium may include one or more of a portable computer diskette, a hard disk, a random access memory (RAM) device, a read-only memory (ROM) device, an erasable programmable read-only memory (EPROM or Flash memory) device, a portable compact disc read-only memory (CDROM), an optical storage device, and a magnetic storage device. Computer program code for carrying out operations of the present embodiments may be written in any combination of one or more programming languages.

[0006]         Embodiments may also be implemented in cloud computing environments.  In this description and the following claims, “cloud computing” may be defined as a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned via virtualization and released with minimal management effort or service provider interaction, and then scaled accordingly.  A cloud model can be composed of various characteristics (e.g., on-demand self-service, broad network access, resource pooling, rapid elasticity, measured service, etc.), service models (e.g., Software as a Service (“SaaS”), Platform as a Service (“PaaS”), Infrastructure as a Service (“IaaS”), and deployment models (e.g., private cloud, community cloud, public cloud, hybrid cloud, etc.).

[0007]         The flowchart and block diagrams in the flow diagrams illustrate the architecture, functionality, and operation of possible implementations of systems, methods, and computer program products according to various embodiments of the present embodiments.  In this regard, each block in the flowchart or block diagrams may represent a module, segment, or portion of code, which comprises one or more executable instructions for implementing the specified logical function(s).  It will also be noted that each block of the block diagrams and/or flowchart illustrations, and combinations of blocks in the block diagrams and/or flowchart illustrations, may be implemented by special purpose hardware-based systems that perform the specified functions or acts, or combinations of special purpose hardware and computer instructions.  These computer program instructions may also be stored in a computer-readable medium that can direct a computer or other programmable data processing apparatus to function in a particular manner, such that the instructions stored in the computer-readable medium produce an article of manufacture including instruction means which implement the function/act specified in the flowchart and/or block diagram block or blocks.

[0008]         As used herein, the terms “comprises,” “comprising,” “includes,” “including,” “has,” “having,” or any other variation thereof, are intended to cover a non-exclusive inclusion.  For example, a process, article, or apparatus that comprises a list of elements is not necessarily limited to only those elements but may include other elements not expressly listed or inherent to such process, article, or apparatus.

[0009]         Further, unless expressly stated to the contrary, “or” refers to an inclusive or and not to an exclusive or.  For example, a condition A or B is satisfied by any one of the following:  A is true (or present) and B is false (or not present), A is false (or not present) and B is true (or present), and both A and B are true (or present).

[0010]         Additionally, any examples or illustrations given herein are not to be regarded in any way as restrictions on, limits to, or express definitions of any term or terms with which they are utilized.  Instead, these examples or illustrations are to be regarded as being described with respect to one particular embodiment and as being illustrative only.  Those of ordinary skill in the art will appreciate that any term or terms with which these examples or illustrations are utilized will encompass other embodiments which may or may not be given therewith or elsewhere in the specification and all such embodiments are intended to be included within the scope of that term or terms. Language designating such nonlimiting examples and illustrations includes, but is not limited to: “for example,” “for instance,” “e.g.,” and “in one embodiment.”

 

PURPOSE:

The purpose of including form language is to broaden out the scope of a patent application. The form language will also broaden out the scope of the patent application in case a certain phrase is missing in a portion of the application. The form language may also give a patentable weight under 35 USC 112, first paragraph and 35 USC 101, to further describe a network or processors.

PATENT ATTORNEY – COMMENTS:

1)   The form language may be inserted at the beginning of the detailed description portion of the application or at the end.

2)   I have been saved before by the form language with examiners when arguing “and/or” limitations, arguing that an Applicant’s patent application discloses a combination of elements, whereas the cited art only taught one of the elements.

3)   The form language may also be helpful with upcoming patent law reform dealing with 35 USC 101. By including broadening form language, the patent application may be found to include patentable subject matter. Having form language describing a processor or network before Bilski may have given patent applications patentable subject matter. My view on the form language is that it is better to include it to be safe.

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