How does the MPEP address relative terms in patent claims?
The MPEP addresses relative terms in patent claims through specific form paragraphs, particularly form paragraph 7.34.03. This paragraph is used when a relative term or term of degree renders a claim indefinite.
The form paragraph states:
The term “[1]” in claim [2] is a relative term which renders the claim indefinite. The term “[1]” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
This form paragraph highlights three key issues with relative terms:
- The term is not defined in the claim
- The specification doesn’t provide a standard for determining the term’s scope
- A person of ordinary skill in the art wouldn’t understand the term’s boundaries
When using this form paragraph, examiners are instructed to explain which specific limitation in the claim has been rendered indefinite by the relative term.
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