How is the plain meaning of claim terms determined in patent examination?
The plain meaning of claim terms is crucial in patent examination. According to MPEP 2173.01:
“Under a broadest reasonable interpretation, words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the time of the invention.”
The MPEP further explains that the plain meaning can be evidenced by various sources, including:
- The words of the claims themselves
- The specification
- Drawings
- Prior art
However, the specification is considered the best source for determining the meaning of a claim term, especially when it serves as a glossary. It’s important to note that applicants can rebut the presumption of plain meaning by clearly setting forth a different definition in the specification.
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