How are terms of degree evaluated in patent claims?
Terms of degree in patent claims are evaluated based on whether they provide enough certainty to one of skill in the art when read in the context of the invention. The MPEP 2173.05(b) states: “When a term of degree is used in the claim, the examiner should determine whether the specification provides some standard for measuring that degree.” If the specification doesn’t provide a standard, the examiner must determine if one of ordinary skill in the art could ascertain the scope of the claim. Examples or teachings in the specification can be used to measure a degree even without precise numerical measurements.
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Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(B) - Relative Terminology,
Patent Law,
Patent Procedure