What are the examiner’s obligations regarding claim interpretation in reexamination?
What are the examiner’s obligations regarding claim interpretation in reexamination?
In reexamination proceedings, examiners have specific obligations regarding claim interpretation. The MPEP 2253 states:
“Claims in reexamination proceedings are to be given their broadest reasonable interpretation consistent with the specification, and limitations appearing in the specification are not to be read into the claims.“
This principle of claim interpretation in reexamination includes:
- Interpreting claims broadly, but reasonably, in light of the specification
- Avoiding reading limitations from the specification into the claims
- Considering the claims’ language in the context of the entire patent
- Applying the same standard of interpretation used in initial examination
By following these guidelines, examiners ensure a consistent and fair approach to claim interpretation across different phases of patent examination and reexamination. This approach helps maintain the balance between protecting the inventor’s rights and preserving the public’s right to use what is not patented.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2253 - Consideration By Examiner,
Patent Law,
Patent Procedure