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    The Patents Are Coming | Log in/Create an Account | Top | 37 comments | Search Discussion
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    Re:Prior Art
    by jberryhill on Wednesday May 14 2003, @08:13AM (#11629)
    User #3013 Info
    "Most registrars to not use DNS servers to check availability of domains. "

    That is a very good point, however it is important to understand a few things about how to interpret patent claims.

    Thing 1 - Avoiding infringement is not a game of wordplay, but one of substance. One can be found liable for infringement even if one literally avoids a feature of the claim, under the Doctrine of Equivalents by which a claim element may be understood to embrace the use of other elements which are not substantially different.

    Thing 2 - The starting point for interpreting what might be included within the language of the claim is the specification of the patent itself. A patentee is entitled to be his own lexicographer, and it may well be that the what they mean by "DNS Server" is understood within the text of the patent to have a meaning that is not in exact correspondence with what you might otherwise think it means in a vacuum. Patents do tend to often be written by attorneys who are not sensitive to the nuances of meaning among various technical terms (although all US patent attorneys are required to have at least the equivalent of an undergraduate degree in one of a specified set of technical disciplines).

    But, yes, you have a very good point.
    [ Reply to This | Parent ]
    Re:Prior Art by jberryhill
    Re:Prior Art
    by Anonymous on Wednesday May 14 2003, @08:38AM (#11630)
    The patent says: "Additionally, although specific components and programs of query server 104 and DNS server 108 have been described, one skilled in the art will appreciate that a query server or a DNS server suitable for use with methods and systems consistent with the present invention may contain additional or different components."
    [ Reply to This | Parent ]


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