What is required for a specification to support a means-plus-function limitation?
For a specification to properly support a means-plus-function limitation, it must disclose the corresponding structure, material, or acts that perform the claimed function. The MPEP states:
“The proper test for meeting the definiteness requirement is that the corresponding structure (or material or acts) of a means- (or step-) plus-function limitation must be disclosed in the specification itself in a way that one skilled in the art will understand what structure (or material or acts) will perform the recited function.“
If the specification does not disclose adequate structure, the claim may be rejected under 35 U.S.C. 112(b) for indefiniteness and may also lack written description under 35 U.S.C. 112(a).
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2181 - Identifying And Interpreting A 35 U.S.C. 112(F) Or Pre - Aia 35 U.S.C. 112,
Patent Law,
Patent Procedure,
Sixth Paragraph Limitation