What is the legal basis for rejecting single means claims?

The legal basis for rejecting single means claims stems from the Manual of Patent Examining Procedure (MPEP) 2164.08(a), which cites 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. The MPEP states:

“A single means claim, i.e., where a means recitation does not appear in combination with another recited element of means, is subject to an enablement rejection under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.”

This rejection is based on the principle that such claims are often too broad and may not be fully enabled by the specification.

To learn more:

• single means claim
• enablement
• 35 U.S.C. 112(a)
• patent rejection