Sherman Oaks, CA asked in Copyright and Patents (Intellectual Property) for California

Q: Does this language dissalow the usage of a two layer collapsible elastopolyer design in hexagon fashion?

"The pillow cushion has a first major surface, a second major surface, and deformable wall members extending between the first major surface and the second major surface. The deformable wall members are located and configured to define voids therebetween such that the deformable wall members may be displaced into adjacent voids upon deformation of the deformable wall members. The deformable wall members are configured to buckle when a pressure applied to a cushioning surface of the pillow cushion, in a direction perpendicular to the first major surface, exceeds a threshold pressure level. A pillow cover covers the pillow cushion. A method of fabricating a pillow includes enclosing such a cushion in a pillow cover."

2 Lawyer Answers
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: I see that what you quoted has more than one period. It looks like you are quoting the abstract. That is not what you need to look at. You need to have a patent attorney review the issued claims and see what they require.

A claim may have 25 nouns and 25 verbs but by law has only one period as technically, it is a sentence, even if it is a sentence with paragraphs within it.

I hope this helps.

Kevin E Flynn

1 user found this answer helpful

Timothy John Billick
Timothy John Billick
PREMIUM
Answered
  • Intellectual Property Lawyer
  • Seattle, WA

A: I agree. We need to see the claims read in light of the specification to see what is covered.

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