What is the broadest reasonable interpretation of claims during patent examination?
During patent examination and reexamination, claims are given the broadest reasonable interpretation consistent with the specification. This principle is supported by case law, as stated in the MPEP:
“During patent examination and reexamination, the claims are given the broadest reasonable interpretation consistent with the specification. See In re Morris, 127 F.3d 1048, 44 USPQ2d 1023 (Fed. Cir. 1997) and In re NTP Inc., 654 F3d 1279, 99 USPQ 1481 (Fed. Cir. 2011).”
This approach ensures that the full scope of the claimed invention is considered during examination, while still being consistent with the inventor’s disclosure.
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