umschriebenes Merkmal

English translation: feature defined in general terms; feature set forth in broader terms

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:als allgemein umschriebenes Merkmal
English translation:feature defined in general terms; feature set forth in broader terms
Entered by: TechLawDC

09:39 Jul 22, 2017
German to English translations [PRO]
Law/Patents - Medical: Pharmaceuticals / Patent court decision
German term or phrase: umschriebenes Merkmal
This appears in a decision by the Bundespatentgericht:

"Das Erzeugnis XXXX und die Salze [...] davon in Kombination mit XXXX ist vom Schutzbereich des Grundpatents umfasst. Die erste Wirkstoff-komponente XXXX und die Salze davon ist als allgemein um-schriebenes Merkmal in Anspruch 1 und konkret in Anspruch 25 enthalten. Damit ist es Bestandteil von Anspruch 27 […].

Does it mean circumscribed in the sense of restricted? Or does it mean 'clearly delineated'? Or something else?

Thanks for your help.
Marc Rothman
United Kingdom
generally defined feature
Explanation:
"Merkmal" nearly always means "feature" in formal patent writing, and not "characteristic".
Alternative translation: feature set forth in broader terms.
Alternative 2 (has merits): feature set forth in general terms.
Alternative 3: generally formulated feature.
Alternative 4: generally recited feature.
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Example of overall rendering (not presented for purposes of being attacked): The product XX and its salts ..., in combination with YY, are within the scope of protection of the Basic Patent. The first component substance XX ((?? is this really identical to the product XX??)) and its salts are included as a feature set forth in general terms in claim 1, and concretely in claim 25. Accordingly, they appear [concretely] in claim 27 ….

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Note added at 9 hrs (2017-07-22 19:36:26 GMT)
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The reason why "broader terms" is more correct than "general terms" is context in the specific sentence. It is 90% certain that XX is not even mentioned per se in claim 1, except as a member of a broader class of substances.
Selected response from:

TechLawDC
United States
Local time: 09:37
Grading comment
Thanks!
4 KudoZ points were awarded for this answer



Summary of answers provided
5generally defined feature
TechLawDC
4'in general terms as a feaature'
David Tracey, PhD
3[generally] defined characteristic
gangels (X)


  

Answers


3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
[generally] defined characteristic


Explanation:
I would call it relative to context

gangels (X)
Local time: 07:37
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 52
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9 hrs   confidence: Answerer confidence 5/5
allgemein umschriebenes Merkmal
generally defined feature


Explanation:
"Merkmal" nearly always means "feature" in formal patent writing, and not "characteristic".
Alternative translation: feature set forth in broader terms.
Alternative 2 (has merits): feature set forth in general terms.
Alternative 3: generally formulated feature.
Alternative 4: generally recited feature.
---
Example of overall rendering (not presented for purposes of being attacked): The product XX and its salts ..., in combination with YY, are within the scope of protection of the Basic Patent. The first component substance XX ((?? is this really identical to the product XX??)) and its salts are included as a feature set forth in general terms in claim 1, and concretely in claim 25. Accordingly, they appear [concretely] in claim 27 ….

--------------------------------------------------
Note added at 9 hrs (2017-07-22 19:36:26 GMT)
--------------------------------------------------

The reason why "broader terms" is more correct than "general terms" is context in the specific sentence. It is 90% certain that XX is not even mentioned per se in claim 1, except as a member of a broader class of substances.

TechLawDC
United States
Local time: 09:37
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20
Grading comment
Thanks!
Login to enter a peer comment (or grade)

18 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
'in general terms as a feaature'


Explanation:
I would translate this as:

..are set out in general terms as a feature in claim 1 and specifically defined in claim 25.



David Tracey, PhD
Local time: 15:37
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 76
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