What makes a “Use” claim definite according to patent law?
A “Use” claim can be considered definite if it clearly recites active, positive steps that delimit how the use is practiced. The MPEP 2173.05(q) provides guidance on this matter, citing the case of Ex parte Porter, 25 USPQ2d 1144 (Bd. Pat. App. & Inter. 1992):
“In the case of Ex parte Porter, 25 USPQ2d 1144 (Bd. Pat. App. & Inter. 1992), the Board held that a claim which clearly recited the step of ‘utilizing’ was not indefinite under 35 U.S.C. 112, second paragraph.”
The specific claim deemed definite was: “A method for unloading nonpacked, nonbridging and packed, bridging flowable particle catalyst and bead material from the opened end of a reactor tube which comprises utilizing the nozzle of claim 7.”
This example demonstrates that a “Use” claim can be definite if it includes specific, active steps that clearly define the process being claimed.
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