Can I use ratios as measurements on a patent? 2 Answers as of November 08, 2010

I am developing a product that is contingent on the slight size variations of a preexisting product. Is it possible to use ratios as measurements in a US patent in order to preserve the essence of my design as it is applied to these various preexisting product sizes? (e.g. measurement "A" of my product is equal to .9 : 1 of measurement "A" on the preexisting product)

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Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
Ordinarily variations in measurements are deemed anticipated by the existing product/process and thus unpatentable unless the variation produces an unexpected result.
Answer Applies to: California
Replied: 11/8/2010
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Yes you can but I would recommend against it. Why not just explain in detail what it is. Referencing another device when you are trying to sell the novelty of you own invention is never a good idea - that is unless you can show some unexpected results that you obtain from those differences.
Answer Applies to: Oregon
Replied: 11/8/2010
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