How does the USPTO treat ‘instruction limitations’ in method claims?
The USPTO extends the rationale from printed matter cases to method claims that include ‘instruction limitations’. According to MPEP 2112.01(III): “The court has extended the rationale in the printed matter cases, in which, for example, written instructions are added to a known product, to method claims in which ‘an instruction limitation’ (i.e., a limitation ‘informing’…
Read MoreWhat is the significance of functional relationships between printed matter and the product in patent claims?
The functional relationship between printed matter and the product is crucial in determining the patentability of claims involving printed matter. According to MPEP 2112.01(III), the key question is: “[T]he critical question is whether there exists any new and unobvious functional relationship between the printed matter and the substrate.” In re Gulack, 703 F.2d 1381, 1385-86,…
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