How does the USPTO handle claims directed to a single means?
The USPTO treats claims directed to a single means with special consideration due to their potential lack of enablement. According to MPEP 2164.06(c):
“A single means claim, i.e., where a means recitation does not appear in combination with another recited element of means, is subject to an enablement rejection under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.”
This is because a single means claim is often considered to cover every conceivable means for achieving the stated result, making it difficult to meet the enablement requirement. Examiners are instructed to reject such claims unless the applicant can demonstrate that the specification discloses the corresponding structure, material, or acts for performing the entire claimed function and clearly links or associates them to the function.
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