What is a single means claim?

What is a single means claim?

A single means claim, i.e., where a means recitation does not appear in combination with another recited element of means, is subject to an undue breadth rejection under 35 U.S.C. 112, first paragraph. § 112, sixth paragraph, that are intended to cover structures, materials or acts covered in the specification.

What is an indefinite claim?

Instead, a claim is indefinite when the boundaries of the protected subject matter are not clearly delineated and the scope is unclear. For example, a genus claim that covers multiple species is broad, but is not indefinite because of its breadth, which is otherwise clear.

What is claim interpretation?

Claim interpretation is important in determining the scope of your patent rights and in determining whether anyone else has a patent that would prevent you from making, using, selling or importing an apparatus or method.

What is a 112 claim?

A Section 112 rejection in a patent Office Action means that the examiner considers certain claim language indefinite. Section 112 rejections are often regarded as “non-substantive” by patent practitioners because they typically relate to the form, and not the substance, of the claims.

What is a 112 B rejection?

Avoiding Section 112(b) Rejection When patent claim elements misuse indefinite articles or are not supported by the specification, they can be said to have no “antecedent basis.” A lack of an antecedent basis could be evidence of “indefiniteness” and could also trigger a Section 112(b) rejection.

What does reasonable interpretation mean?

Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the time of the invention.

What is claim differentiation?

Doctrine of Claim Differentiation is a canon of construction used in Patents law. The doctrine in its broadest reading provides that no two claims in the same patent should be interpreted to cover the same thing. It is presumed that each claim in a patent is different in scope and meaning from all other claims.

What is obviousness type double patenting?

Obviousness-type double patenting may arise when a later-expiring patent/application claims subject matter that is deemed to be an obvious variation of subject matter claimed in an earlier-expiring patent/application with the same or overlapping inventorship or ownership.

What is a single means claim under the MPEP?

According to the MPEP (Manual of Patent Examining Procedure) 2164.08(a), “A single means claim, i.e., where a means recitation does not appear in combination with another recited element of means, is subject to an undue breadth rejection under 35 U.S.C. 112, first paragraph.

What is a single means claim in patent law?

Single means claims. According to the MPEP (Manual of Patent Examining Procedure) 2164.08 (a), “A single means claim, i.e., where a means recitation does not appear in combination with another recited element of means, is subject to an undue breadth rejection under 35 U.S.C. 112, first paragraph.

What is a single means claim under the AIA?

2164.08 (a) Single Means Claim [R-11.2013] A single means claim, i.e., where a means recitation does not appear in combination with another recited element of means, is subject to an enablement rejection under 35 U.S.C. 112 (a) or pre-AIA 35 U.S.C. 112, first paragraph.

Is obviousness a per se rule?

When considering obviousness, Office personnel are cautioned against treating any line of reasoning as a per se rule. This section discusses supporting a rejection under 35 U.S.C. 103 by reliance on scientific theory and legal precedent.