How are claims interpreted when assigning applications for examination?
When assigning applications for examination, claims are generally interpreted as they are written, but with an important caveat. The MPEP states:
“The claims and statement of invention are generally taken as they read; however, claims must be read in light of the disclosure (claimed disclosure).”
This approach balances a literal reading of the claims with the context provided by the entire application. The MPEP further explains:
“Any attempt to go behind the record and decide the case upon what is deemed the ‘real invention’ would, it is believed, introduce more errors than such action would cure.”
This guidance emphasizes the importance of relying on the actual text of the claims and disclosure rather than attempting to infer the inventor’s intentions beyond what is explicitly stated.
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