How does the USPTO determine if a claim limitation invokes 35 U.S.C. 112(f)?
The USPTO examines each claim limitation to determine if it invokes 35 U.S.C. 112(f) (previously known as 35 U.S.C. 112, sixth paragraph). According to MPEP 2173.01:
“As part of the claim interpretation analysis, examiners should determine whether each limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph or not. If the claim limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, the claim limitation must ‘be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.'”
This determination is crucial because it affects how the claim limitation is interpreted and examined. If a limitation invokes 112(f), it is interpreted to cover the corresponding structure, material, or acts described in the specification and their equivalents, rather than just the literal wording of the claim.
For more detailed information on this determination, refer to MPEP 2181, which provides specific guidance on identifying and interpreting means-plus-function limitations.
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