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Differences between claim 1 and Soble
Differences between claim 1 and Soble
Well Lead submitted that there are three relevant differences between Soble taken alone and claim 1:
The cover in Soble is a sleeve, not the sheath of claim 1.
Soble does not teach the use of an obturator.
Soble has a clamp upstream of the side arm, not the flexible cap of claim 1.
- Heading
- Judge Hacon
- The skilled person
- The expert witnesses
- Technical Background
- The Patent
- The claims
- Construction
- Claim 3 – a flexible, deflectable tip
- The prior art
- Soble and Russo
- The law on inventive step
- Inventive step over Soble
- Differences between claim 1 and Soble
- Sleeve v sheath
- No obturator in Soble
- A clamp in Soble instead of a flexible cap
- Conclusion on Soble and inventive step
- Wan
- Piercing stylus, obturator and trocar
- Inventive step of claim 1 over Wan
- Inventive step of claim 3 over Wan
- Added matter
- Method of treatment or diagnosis
- Infringement
- Normal construction
- Sizes 10-13 as equivalents
- Conclusions