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7) Watt Now, an engineer at Almost Corp., has run across a published patent application of Bea Ware that claims the structure of a thingamajig

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7) Watt Now, an engineer at Almost Corp., has run across a published patent application of Bea Ware that claims the structure of a thingamajig intended to be used for this and that and comprising parts A, B and C. The thingamajig that Now is designing has parts A, B and C but is intended to be used for things other than this and that. Now's thingamajig: a) infringes Ware's because Now's thingamajig includes each and every element of Ware's claims. b) infringes Ware's because Ware's intended use is stated in the preamble of the claim and Ware's thingamajig could also be used for things other than this and that. c) might infringe Ware's claims but Now won't know until Ware's patent issues, if a patent issues at all. (1) does not infringe Ware's claims because Now's thingamajig performs a different function than Ware's invention. e) does not infringe Ware's claims because Ware's thingamajig has a different combination of A, B 81 C than does Now's because the two thingamajigs work differently

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