What is the role of “reasonable interpretation” in making a prima facie case of equivalence?
What is the role of “reasonable interpretation” in making a prima facie case of equivalence?
In making a prima facie case of equivalence, the examiner must use “reasonable interpretation” of the claim language. The MPEP states:
“The examiner must apply to the questioned claim element reasonable interpretation of the claim language, including consideration of the specification and teachings of the prior art, and determine whether the assertedly equivalent element in the prior art or a reference would have been interchangeable with the element at the time of the invention.”
This means that examiners should:
- Consider the claim language in light of the specification
- Review teachings of prior art
- Determine if the prior art element would have been interchangeable with the claimed element at the time of invention
Reasonable interpretation ensures that the examination process is fair and consistent with the inventor’s disclosed invention. It helps prevent overly broad or narrow interpretations that could lead to improper rejections or allowances.
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