What is relative terminology in patent claims?
Relative terminology in patent claims refers to language that uses terms of degree or comparative expressions. According to the Manual of Patent Examining Procedure (MPEP) 2173.05(b), “The use of relative terminology in claim language, including terms of degree, does not automatically render the claim indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The acceptability of such language depends on whether a person of ordinary skill in the art would understand what is claimed, in light of the specification.
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Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(B) - Relative Terminology,
Patent Law,
Patent Procedure