Overlapping Target Claiming

Overlapping target claiming (OTC) is a more sophisticated version of target claiming. In OTC the patent attorney drafts multiple series of claims that independently focus on different parameters. In the example given above it may turn out that in addition to pH, the success of the process is dependent upon adding a large excess of ethanol. Claims 5, 6, and 7 could then be directed to adding at least two times, three times, or four times as much ethanol as some other reagent, respectively.

The main advantage of OTC is that later identification of invalidating prior art would tend to invalidate a much smaller subset of subject matter. In the drawing below, the added claims 5-7 cover subject matters e, f, and g, such that only area x is eliminated from patent protection.

Figure 37 — Overlapping Target Claiming

There are many good examples of overlapping target claiming in the patents literature. U.S. patent no. 6843844 for example, has heavily overlapping claims directed to producing a modified cellulose aggregate. In one series of claims, the independent claim lays out the critical few elements,

26. A process for preparing a cellulose modified aggregate while simultaneously reclaiming submerged land comprising: selecting a cellulose based waste material; depositing said cellulose based waste material into a selected body of water; maintaining said cellulose waste material in said body of water until said waste material has absorbed a substantial amount of water therefrom; removing said cellulose waste material from said body of water and allowing said material to sun-dry; grinding said treated material so as to remove extraneous materials therefrom and so as to comminute said materials into fibers; adding fortifying solution to said sun-dried cellulose fibers so as to strengthen, preserve, protect and fortify said material; treating said sun-dried fibers with at least one activating agent and at least one water sealer admix component under high pressure and at increased temperature to cure said treated fibers into a raw aggregate material; and further grinding said raw aggregate material so as to yield a lightweight, waterproof material which may be used to produce a modified cellulose aggregate cement with the addition of cement and water.

The remaining dependent claims recite alternatives to those features and add new elements.