How should examiners interpret functional claim language?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Examiners should interpret functional claim language by focusing on the underlying structure or material that performs the claimed function. MPEP 904.01 states: Functional claim language must be evaluated and considered, just like any other limitation of the claim, for what it fairly conveys to a person of ordinary skill in the pertinent art in the context in which it is used. This means examiners should: Consider the function in the context of the entire claim and specification Determine what structures or materials would be capable of performing the claimed function Search for prior art that discloses these structures or materials Examiners should not dismiss functional language but rather interpret it in light of the specification and the understanding of a person skilled in the art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must Consider Prior Art from Parent Application MPEP 904 Required Parent Applications Must Be Reviewed for Prior Art MPEP 904 Required Inventor Name Search for Double Patenting References MPEP 904 Recommended Review of Cited Prior Art from Parent Application Required MPEP 904 Recommended Examiner Must Identify All Prior Art Sources MPEP 904 Required Search Updates Must Include All Relevant Databases and Queries MPEP 904 Recommended Claims Given Broadest Reasonable Interpretation Consistent with Specification MPEP 904.01 Claims Must Be Given Broadest Reasonable Interpretation Consistent With Specification MPEP 904.01 Date of Search Must Be Indicated MPEP 904 Required Document Used in Claim Rejection Is Called a Reference MPEP 904 Other Related FAQs 5 FAQs Collapse How should examiners approach product-by-process claims? How ...