How does MPEP address “reference to an object” in patent claims?
How does MPEP address “reference to an object” in patent claims?
The MPEP 2173.05(b) addresses the use of “reference to an object” in patent claims as a form of relative terminology. This occurs when a claim term is defined by reference to an object that is variable. The MPEP states:
“To determine whether a claim is indefinite, the Office personnel must focus on the language of the claim itself, in light of the specification, and determine whether the metes and bounds of the claim are set forth with sufficient clarity to allow one skilled in the art to reasonably ascertain the scope of the claim protection.”
When a claim refers to an object that is variable, it may render the claim indefinite. For example, a claim that defines the size of an element in relation to a human may be indefinite because humans can vary in size. To avoid indefiniteness, the specification should provide clear guidelines or standards for interpreting the reference to the object.
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