[Patentpractice] The use of "and/or" in claims

Patent Lawyer patentlawyer995 at gmail.com
Fri Dec 1 11:04:00 EST 2023


We've seen this before, but I cannot find the discussion.

In an office action, an examiner writes:

All claim limitations that include "and/or" are interpreted as "or".  If applicant disagrees with this interpretation, they are invited to amend the "and/or" to "and".

I believe the examiner is wrong!  And I will point that out.

BUT I recall that there was some case that discussed this.
I would appreciate a pointer to a case or other reference discussing this issue.
Thanks in advance.
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