Multiple Terminologies

Patent attorneys can more or less use whatever language they like in drafting patent claims. Thus, a door knob could be called a "door knob" or a "door opener". Especially when drafting independent claims, it is a very good idea to refer the same physical element or step using different terms. That way if one of the terms is somehow deeded to be indefinite, or the claim is invalidated at trial as being anticipated or obvious over the prior art, there is still an opportunity to save the other claim because of the difference in language. In the following example the writer variously refers to his inventive sole assembly as being part of an article of "footwear" and a "shoe".

1. A sole assembly for an article of footwear comprising: a sole having a heel region and a ball region; a first multi-turn wave spring disposed within the sole, said first multi-turn wave spring comprising an upper turn and a lower turn, said upper turn being in pivotal contact with said lower turn to define a first side and an opposing second side of said multi-turn wave spring, whereby compression of said first side causes expansion pressure on said second side and compression of said second side causes expansion pressure on said first side to provide cushioning and energy return responsive to a rolling footstrike.

11. A spring cushioned shoe comprising an upper support member for receiving a human foot and a sole assembly in accordance with claim 6.

In a patent claiming a beach chair holder for a bicycle, the writer variously refers to the chair as "an object having a tubular portion" and "a beach chair". This makes sense because it eliminates argument (at least as to some of the claims) as to what constitutes a beach chair. The writer also cleverly refers to the bicycle as both "a wheeled vehicle" and "a bicycle".

1. An apparatus for retaining an object having a tubular portion on a wheeled vehicle, comprising: a metal plate…, a cylindrical clamp… fastened to a first member of a locking device…

15. A method of transporting a beach chair on a bicycle; comprising the steps of: removing a nut from a treaded member extending from an axle of a wheel of a bicycle; placing a metal plate against the wheel in a position such that said threaded member passes through a hole in the metal plate, and a supporting member of the bicycle is retained in a notch of the metal plate; replacing said nut back over said threaded member to retain the metal plate against said axle; placing tubing of a beach chair between longitudinal sections of a cylindrical clamp; and pushing a lever that closes the clamp to retain the beach chair on the bicycle.

In a patent for a guitar body, the writer variously refers to a guitar as "stringed instrument" and "a guitar".

1. A body for a stringed instrument comprising: a bottom wall having a peripheral edge; a sidewall having a top edge… a portion of said sound board bounded by said longitudinal axis, said lateral axis and said peripheral edge being deflected relative to the plane of said soundboard downwardly toward said bottom wall.

8. A guitar comprising: a body having a soundboard and a bottom wall, said soundboard and said bottom wall interconnected in spaced relation by a sidewall, … wherein a portion of said sound board bounded by said longitudinal axis, said lateral axis and said peripheral edge being deflected relative to the plane of said soundboard downwardly toward said bottom wall…

In other cases it can be useful to refer to ordinary objects in an unusual manner, and thereby cause the reader to believe that the inventor devised something more novel than he really did. A 1989 patent appears to have taken this approach, referring to water as "condensed steam".