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

[Randy Smith]

So we agree using "and/or" in claims is open to multiple interpretations.
If you don't want to create a potential $$$litigation issue,  use
unambiguous language like "at least one of A, B or C" as suggested below.

I agree the examiner uses the broadest interpretation in prosecution so
he/she just needs a reference with any of them.

On Fri, Dec 1, 2023, 10:04 Patent Lawyer via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> 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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