How should examiners interpret functional claim language?

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.

To learn more:

Tags: Claim Interpretation, functional claim language, patent examination, USPTO