What is the relationship between functional language and 35 U.S.C. 112(f)?

The relationship between functional language and 35 U.S.C. 112(f) is crucial in patent claim interpretation. Key aspects include: 35 U.S.C. 112(f) allows for functional claiming in combination with means-plus-function or step-plus-function language It provides a way to use functional language without running afoul of indefiniteness concerns Claims using 112(f) are interpreted to cover the corresponding…

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What is the relationship between equivalence and obviousness in patent examination?

In patent examination, there is an important relationship between equivalence and obviousness: If an applicant successfully shows that a prior art element is not equivalent to the claimed limitation, the examiner must still consider obviousness. Non-equivalence does not automatically mean non-obviousness. The examiner must perform a 35 U.S.C. 103 analysis to determine if the claimed…

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