What is 35 U.S.C. 112(f) and how does it affect claim interpretation?
35 U.S.C. 112(f) (previously known as 35 U.S.C. 112, sixth paragraph) is a provision in patent law that allows an element in a claim to be expressed as a means or step for performing a specified function without reciting the structure, material, or acts in support thereof. This provision affects claim interpretation by limiting the broadest reasonable interpretation of such claim elements.
According to MPEP § 2181, claim limitations invoking 35 U.S.C. 112(f) are interpreted to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The MPEP states:
“The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.”
This means that when 35 U.S.C. 112(f) is invoked, the claim element is interpreted based on the corresponding structure, material, or acts described in the specification, rather than being given its broadest possible interpretation.
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