How does the term “about” affect claim interpretation?
The term “about” in patent claims requires careful consideration of context. According to MPEP 2173.05(b), “In determining the range encompassed by the term ‘about’, one must consider the context of the term as it is used in the specification and claims of the application.” The interpretation can vary based on the specific circumstances. For example,…
Read MoreWhat makes a claim indefinite when using relative terms?
A claim using relative terms may be rendered indefinite when the scope of the term is not understood when read in light of the specification. The MPEP 2173.05(b) states: “Even if the specification uses the same term of degree as in the claim, a rejection is proper if the scope of the term is not…
Read MoreWhat is the impact of using the word “type” in patent claims?
The use of the word “type” in patent claims can extend the scope of an expression and potentially render it indefinite. According to MPEP 2173.05(b), “The addition of the word ‘type’ to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite.” For example, in Ex…
Read MoreHow are terms of degree evaluated in patent claims?
Terms of degree in patent claims are evaluated based on whether they provide enough certainty to one of skill in the art when read in the context of the invention. The MPEP 2173.05(b) states: “When a term of degree is used in the claim, the examiner should determine whether the specification provides some standard for…
Read MoreHow are subjective terms in patent claims evaluated?
Subjective terms in patent claims require careful evaluation to ensure definiteness. The MPEP 2173.05(b) states: “When a subjective term is used in the claim, the examiner should determine whether the specification supplies some standard for measuring the scope of the term, similar to the analysis for a term of degree.” An objective standard must be…
Read MoreWhat is the “approximation” term in patent claims?
What is the “approximation” term in patent claims? The term “approximation” in patent claims is a type of relative terminology that can be used to describe a range or value. According to MPEP 2173.05(b), “approximation” terms are acceptable in patent claims when the degree of precision appropriate for the subject matter is known to one…
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