What is a means-plus-function claim limitation?

A means-plus-function claim limitation is a claim element that uses the term “means” (or “step”) and is coupled with functional language, without reciting specific structure to perform the function. These limitations are interpreted under 35 U.S.C. 112(f). As stated in the MPEP: “An element in a claim for a combination may be expressed as a…

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How does the USPTO examine means-plus-function claims?

The USPTO examines means-plus-function claims using a two-step analysis, as explained in MPEP 2182: Define the function: The examiner must first identify the specific function claimed in the limitation. As stated in the MPEP, “The court must construe the function of a means-plus-function limitation to include the limitations contained in the claim language, and only…

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How does the USPTO evaluate functional claim language?

The USPTO evaluates functional claim language based on several factors outlined in MPEP 2173.05(g). These factors include: Whether the specification provides a clear and definite description of the claimed function Whether one skilled in the art would understand the bounds of the claim when read in light of the specification Whether the claim provides clear…

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How can examiners use interviews to resolve indefiniteness issues?

Examiners are encouraged to use interviews as an effective tool to resolve indefiniteness issues. The MPEP provides guidance on this approach: “Issues of claim interpretation and clarity of scope may lend themselves to resolution through an examiner interview. For example, the examiner may initiate an interview to discuss, among other issues, the broadest reasonable interpretation…

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How do transitional phrases affect the interpretation of Markush groups in patent claims?

How do transitional phrases affect the interpretation of Markush groups in patent claims? Transitional phrases can significantly impact the interpretation of Markush groups in patent claims: “Consisting of” with Markush groups: Limits the claim to only the listed members of the Markush group. “Comprising” or “including” with Markush groups: Generally interpreted as open-ended, allowing for…

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