Do claim terms need to be identical to those in the specification?

No, claim terms do not need to be identical to those in the specification. MPEP 1302.01 clarifies this point:

It should be noted, however, that exact terms need not be used in haec verba to satisfy the written description requirement of 35 U.S.C. 112(a).

The MPEP cites case law to support this, including Eiselstein v. Frank and In re Wertheim. Additionally, 37 CFR 1.121(e) only requires substantial correspondence between the language of the claims and the language of the specification.

However, while exact terms are not required, there should still be clear support or antecedent basis in the specification for the terminology used in the claims to avoid uncertainty in interpretation.

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Tags: claim language, specification support, Written Description Requirement