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Old-ish element with newish property -Inherency or bust?
Posted by Anonymous . updated on 2/26/2009
I've got an old device element with newish surface properites. I say newish, because this property has been used for other purposes but our stellar research staff discovered a way to apply it to an old element.
[OLD]+surface = good application in complex mechanical scenario
It appears though the old element with new surface properties has been used, though for unrelated reasons.
[OLD]+surface = unrelated use prior art
Even thought I can find no precise reference example of the use of this newish property for our intended purposes, it would seem to be a case of inherency because you would probably expect the new property (I'm told to "shud-up" and write the patent anyway).
The element is rather simple, but it would seem if I add a structural limitation I could patent it as a device with particular shape+other properties. Ultimately it is the use of this modified element that will allow something (again obvious seeming) to occur under particular conditions.
I'm hung up on getting the broadest possible protection (fewest limitations) and that would seem only to be possible if I patent the simple element itself.
If not, it seems I'm left only with a method of use claim.
Any suggestion on how to deal with inherency issues? I'm assuming I'll at least be able to get the 'method of use' claim. Are 'method of use' claims the b*stard children of inherency?
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