How does the MPEP address computer-implemented means-plus-function limitations?
The MPEP provides specific guidance for computer-implemented means-plus-function limitations, particularly regarding the written description requirement. According to MPEP 2185:
“If the means- (or step-) plus-function limitation is computer-implemented, and the specification does not provide a disclosure of the computer and algorithm in sufficient detail to demonstrate to one of ordinary skill in the art that the inventor possessed the invention, see MPEP § 2161.01 and MPEP § 2181, subsection IV, a rejection under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, for lack of written description must be made.”
This guidance emphasizes the importance of providing a detailed disclosure of both the computer and the algorithm used to perform the claimed function. Failure to do so may result in a rejection for lack of written description under 35 U.S.C. 112(a).
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