What is the relationship between single means claims and “undue experimentation”?
Single means claims are often rejected due to their relationship with “undue experimentation.” The MPEP 2164.08(a) explains: “The specification provides no guidance to determine the nature of the means and how they would be combined to perform the function recited in the claim. […] Therefore, the disclosure is not commensurate with the scope of a…
Read MoreWhat is the relationship between single means claims and property-dependent claims?
The MPEP draws a parallel between single means claims and claims that depend on a recited property: When claims depend on a recited property, a fact situation comparable to Hyatt is possible, where the claim covers every conceivable structure (means) for achieving the stated property (result) while the specification discloses at most only those known…
Read MoreWhat is the “single means claim” and why is it often rejected?
What is the “single means claim” and why is it often rejected? A “single means claim” is a claim that recites a single means plus a function. These claims are often rejected due to lack of enablement. The MPEP 2164.08(a) explains: “A single means claim, i.e., where a means recitation does not appear in combination…
Read MoreWhat is a “single means” claim and why is it rejected under 35 U.S.C. 112(a)?
A “single means” claim is a claim that attempts to cover every conceivable means for achieving a stated function while only disclosing at most those means known to the inventor. Such claims are rejected under 35 U.S.C. 112(a) for lack of enablement. MPEP 2166 provides a form paragraph for rejecting single means claims: “Claim [1]…
Read MoreWhy are single means claims often rejected?
Single means claims are often rejected due to enablement issues under 35 U.S.C. 112(a). The MPEP explains: In re Hyatt, 708 F.2d 712, 714-715, 218 USPQ 195, 197 (Fed. Cir. 1983) (A single means claim which covered every conceivable means for achieving the stated purpose was held nonenabling for the scope of the claim because…
Read MoreWhat is a single means claim and why is it problematic?
A single means claim is a claim that recites a means-plus-function limitation as the only limitation of the claim. These claims are problematic because they cover every conceivable means for achieving the stated result. The MPEP explains: “The long-recognized problem with a single means claim is that it covers every conceivable means for achieving the…
Read MoreWhat is the “single means claim” in patent law?
A “single means claim” in patent law refers to a claim that recites a single element to perform a function without specifying any supporting structure or steps. The Manual of Patent Examining Procedure (MPEP) 2164.08(a) states: “A single means claim, i.e., where a means recitation does not appear in combination with another recited element of…
Read MoreHow does the “single means claim” relate to the enablement requirement?
The “single means claim” is closely related to the enablement requirement in patent law. According to MPEP 2164.08(a): “Such claims are subject to rejection under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim language is often not commensurate in scope with the enablement disclosure in the specification.” This means that…
Read MoreWhat is a single means claim?
A single means claim is a patent claim where a means recitation (a claim element described in terms of its function rather than its structure) appears alone, without being combined with another recited element of means. According to the Manual of Patent Examining Procedure (MPEP), A single means claim, i.e., where a means recitation does…
Read MoreWhat is the legal basis for rejecting single means claims?
The legal basis for rejecting single means claims stems from the Manual of Patent Examining Procedure (MPEP) 2164.08(a), which cites 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. The MPEP states: “A single means claim, i.e., where a means recitation does not appear in combination with another recited element of means, is subject…
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