What is the relationship between single means claims and “undue experimentation”?
Single means claims are often rejected due to their relationship with “undue experimentation.” The MPEP 2164.08(a) explains:
“The specification provides no guidance to determine the nature of the means and how they would be combined to perform the function recited in the claim. […] Therefore, the disclosure is not commensurate with the scope of a claim and would require undue experimentation to make and use the claimed invention.”
This means that single means claims often require undue experimentation to practice the full scope of the invention because they cover all possible means of achieving a result without providing sufficient guidance. The concept of undue experimentation is a key factor in determining whether a claim meets the enablement requirement under 35 U.S.C. 112(a).
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