THE UNITED STATES PATENT LAWS 387 



careful in their work than others. The more care taken 

 in the search and examination of the records in the patent 

 office, the more hkely is it that the patented claims will be 

 valid. 



It frequently becomes necessary to amend the claims 

 perhaps many times, before they can be brought into such 

 shape that they distinguisli from the art. 



There is one thing that should be understood b}^ all 

 applicants for patents, and that is that the claims of a patent 

 are of the very greatest importance ; in fact, I should regard 

 the claims as the most important part of a patent. Unless 

 the claims are well drawn and unless they cover well the 

 invention forming the subject matter of the patent, the pat- 

 ent loses much of its value. 



The phraseology of the claims should be accurate. It 

 is as necessary that the elements or parts entering into and 

 forming the combination set forth in a claim should be stated 

 and put together with exactness and precision as it is that 

 the same elements be fitted together with exactness and pre- 

 cision in the machine itself. 



As I have already said, the claims of a patent should be 

 drawn with very great care, and should be made as accurate 

 and as exact and as much to the point as it is possible. 



I am sorry to say, however, that in many, many instances 

 claims are vaguely and loosely drawn. This in some instances 

 is due to a lack of knowledge of what the invention really 

 is; in others it is a lack of ability to express ideas clearly in 

 writing; in others it is perhaps a lack of effort; and in others 

 it is perhaps due to a lack of proper time; but w^hatever the 

 cause may be, failure to secure good claims is a misfortune 

 so far as the patentee is concerned. 



A writer in the Forum, referring to the difficulty of claim 

 writing, has said: 'Tt takes a very experienced hand to 

 avoid defects which will nullify the patentee's proper ad- 

 vantage. An omission is fatal; an addition is fatal; and a 

 vagueness is fatal." 



Broadly considered, the claims of an application may be 

 divided into generic and specific claims. If the invention 

 disclosed in an application will support a broad or generic 



