How does MPEP 2111.04 affect the interpretation of method claims with contingent limitations?
MPEP 2111.04 provides specific guidance on the interpretation of method claims with contingent limitations. This is particularly important for determining the broadest reasonable interpretation of such claims.
According to MPEP 2111.04:
“The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.”
This means that in method claims, if a step is only performed when a certain condition is met, and that condition is not necessarily met in all scenarios, the step may not be given patentable weight. This interpretation can significantly affect the scope of method claims and should be carefully considered when drafting and examining patent applications.
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