How are claims interpreted in ex parte reexamination?

How are claims interpreted in ex parte reexamination?

In ex parte reexamination, claims are interpreted using the broadest reasonable interpretation (BRI) standard:

• The MPEP 2258 states: “Claims in reexamination proceedings are to be given their broadest reasonable interpretation consistent with the specification.”
• This interpretation is applied in the same manner as in original examination.
• The interpretation must be consistent with the specification and how the claim terms would be understood by one of ordinary skill in the art.

It’s important to note that while the BRI standard is used, the interpretation must still be reasonable and cannot be so broad as to be inconsistent with the patent’s specification. This approach ensures a thorough examination of the claims in light of the prior art while maintaining consistency with the original examination process.

To learn more:

• ex parte reexamination
• claim interpretation
• broadest reasonable interpretation
• BRI