How is the term “substantially” interpreted in patent claims?

The term “substantially” in patent claims is often used to describe a particular characteristic of the claimed invention. According to MPEP 2173.05(b), it is considered a broad term. The interpretation depends on the context and the guidance provided in the specification. For example, in In re Nehrenberg, the limitation “to substantially increase the efficiency of…

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How are other transitional phrases like “having” interpreted in patent claims?

The interpretation of other transitional phrases like “having” in patent claims depends on the context and the specification. The MPEP states, Transitional phrases such as “having” must be interpreted in light of the specification to determine whether open or closed claim language is intended. This means that unlike the more standardized phrases like “comprising” or…

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How are “equivalents” interpreted in means-plus-function claims?

The interpretation of “equivalents” in means-plus-function claims can vary depending on how the element is described in the supporting specification. According to MPEP 2184: “Generally, an ‘equivalent’ is interpreted as embracing more than the specific elements described in the specification for performing the specified function, but less than any element that performs the function specified…

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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,…

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What is the impact of using multiple transitional phrases in a single patent claim?

Using multiple transitional phrases in a single patent claim can create complexity in claim interpretation. While the MPEP 2111.03 doesn’t explicitly address this scenario, general principles of claim construction apply: Hierarchical interpretation: Typically, the broadest transitional phrase governs the overall claim scope, while narrower phrases may apply to specific elements or sub-combinations. Clarity requirement: Claims…

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