How does the prosecution history affect claim interpretation during examination?
The prosecution history plays a crucial role in claim interpretation during patent examination. According to MPEP 2111:
“The prosecution history of the patent or application under examination (hereafter referred to as ‘the prosecution history’) (including the disclosures of all related patents and applications) should be consulted when considering the broadest reasonable interpretation of the claims.”
This means that examiners should consider statements made by the applicant during prosecution, including arguments and claim amendments, when interpreting claims. The prosecution history can provide context for claim terms and may limit the scope of interpretation if the applicant has clearly disavowed certain interpretations or made narrowing amendments. However, it’s important to note that the prosecution history should not be used to import limitations from the specification into the claims.
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