How do examiners evaluate functional limitations in patent claims?
Examiners evaluate functional limitations in patent claims by considering several factors to determine if the language is sufficiently definite. The MPEP outlines three key considerations: Whether there is a clear indication of the scope of the subject matter covered by the claim. Whether the language sets forth well-defined boundaries of the invention or only states…
Read MoreHow is inherency established for functional limitations in patent claims?
Establishing inherency for functional limitations in patent claims involves a specific approach, as outlined in MPEP 2182: “If the prior art reference teaches the identical structure or acts but is silent about performing the claimed function, a reasonable presumption is that the prior art structure inherently performs the same function.” To establish inherency, the examiner…
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