How does the MPEP address relative terms in patent claims?
The MPEP addresses relative terms in patent claims through specific form paragraphs, particularly form paragraph 7.34.03. This paragraph is used when a relative term or term of degree renders a claim indefinite. The form paragraph states: The term “[1]” in claim [2] is a relative term which renders the claim indefinite. The term “[1]” is…
Read MoreHow does the MPEP treat terms of degree in patent claims?
The MPEP addresses terms of degree in patent claims in MPEP 2173.05(b). Terms of degree are relative terms that require careful consideration to determine if they are definite. The MPEP states: “Terms of degree are not necessarily indefinite. […] If the specification does not provide some standard for measuring that degree, a determination must be…
Read MoreHow does the MPEP address the use of “substantially” in patent claims?
The MPEP addresses the use of “substantially” in patent claims in MPEP 2173.05(b). The term is often used to mean “the same as if fully met,” as in “substantially horizontal.” The MPEP states: “The term ‘substantially’ is often used in conjunction with another term to describe a particular characteristic of the claimed invention. It is…
Read MoreWhat does the MPEP say about subjective terms in patent claims?
The MPEP addresses subjective terms in patent claims in MPEP 2173.05(b). Subjective terms can be problematic because they may not have a well-defined or universally accepted meaning. The MPEP 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…
Read MoreWhat does the MPEP say about using the term “about” in patent claims?
The MPEP addresses the use of the term “about” in patent claims in MPEP 2173.05(b). The term is considered a relative term that must be interpreted in the context of the claim and specification. The MPEP states: “The term ‘about’ avoids a strict numerical boundary to the specified parameter. See Ortho-McNeil Pharmaceutical, Inc. v. Caraco…
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…
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