How does the MPEP address “about” in numerical range limitations?
How does the MPEP address “about” in numerical range limitations?
The MPEP 2173.05(c) addresses the use of “about” in numerical range limitations. It states:
“The use of ‘about’ in conjunction with a specific number or numerical range in a claim must be evaluated on a case-by-case basis.”
The term “about” is often used to indicate approximate values or ranges in patent claims. Its acceptability depends on:
- The technological facts of the particular case
- Whether the specification provides a standard for measuring the degree intended
- Whether one of ordinary skill in the art would understand what is claimed
Examiners must determine if the use of “about” renders the claim indefinite by considering the context of the invention and the prior art.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(C) - Numerical Ranges And Amounts Limitations,
Patent Law,
Patent Procedure