How does the specification influence claim interpretation during patent examination?
The specification plays a crucial role in claim interpretation during patent examination. According to MPEP 2111, claims must be given their broadest reasonable interpretation “consistent with the specification.” This means:
- The specification provides context for understanding the claims.
- Definitions or special meanings provided in the specification must be considered.
- The use of claim terms in the specification informs their interpretation.
The MPEP cites the Federal Circuit’s guidance:
“The Patent and Trademark Office (‘PTO’) determines the scope of claims in patent applications not solely on the basis of the claim language, but upon giving claims their broadest reasonable construction ‘in light of the specification as it would be interpreted by one of ordinary skill in the art.'”
However, it’s important to note that while the specification informs claim interpretation, limitations from the specification should not be improperly imported into the claims. The MPEP warns against “reading limitations of the specification into a claim,” as this could improperly narrow the scope of the claims.
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