What are the requirements for examining claims under 35 U.S.C. 102 and 103 with means-plus-function limitations?
When examining claims with means-plus-function limitations under 35 U.S.C. 102 or 35 U.S.C. 103, examiners must consider both the claimed subject matter and the means or step that performs the specified function. The MPEP 2185 states:
“When examining the claims under 35 U.S.C. 102 or 103 a determination of whether the prior art anticipates or renders obvious the claimed subject matter, including the means or step that performs the function specified in the claim, must be made.”
Additionally, in cases where there is no corresponding structure in the specification to limit the means-plus-function limitation:
“In the situation when there is no corresponding structure, etc., in the specification to limit the means- (or step-) plus- function limitation, an equivalent is any element that performs the specified function.”
This means that examiners must consider any prior art element that performs the claimed function as a potential equivalent when there is no corresponding structure in the specification.
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