Warning! A Word "Described" in the Patent Claim Results in the Invalidation of a Patent Right
The patent number of the involved patent is ZL200920135353.7, the name of the patent is "vacuum drying oven", and the invalid case number of the patent is 5W102687.
The Claim 8 of the involved patent says: "According to the vacuum drying oven descried in Claim 6, the feature of the oven is that the door plank and rack described are connected by a connecting rod, and the ends of the connecting rod described are flexibly connected to the door plank and rack." However, the Claim 6, Claim 5 cited in Claim 6, and Claim 1 cited in Claim 5 have not mentioned the door plank and rack.
The patent review committee reviewed and made a decision on the request for patent invalidation declaration (No. 19123). The decision said: "Claim 8 is a dependent claim of Claim 6, and Claim 6 cites Claim 5 and indirectly cites Claim 1. Claim 8 further states that "the door plank and rack described are connected by a connecting rod and the ends of the connecting rod described are flexibly connected to the door plank and rack", but the "door plank" and "rack" (technical features) have not been mentioned in Claims 6, 5 and 1 that Claim 8 cited directly or indirectly. This will result that technical personnel in this field cannot determine the position relationship and connection relationship between the "door plank", "rack", and other parts described in other claims cited and the protection scope of Claim 8 is unclear." Thus, Claim 8 does not conform to provisions of Paragraph 1 of Article 20 in the Implementing Regulations of the Patent Law and is declared invalid.