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.
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