35 USC 112, 6th paragraph – “An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.”
Means or Step Plus Function – Although the use of the term “means” or “means for” is often a clear indication that the means or step for function rules apply, the actual determination is base coin whether the element in the claim is set forth, at least in part, by the function that it performs rather than the specific structure, material or acts that perform the function.
The examiner has the initial burden of finding a reference containing both the same function and same supporting structure, materials or acts as the applicant’s claim.
{ 4 comments… read them below or add one }
Claims that contain functional language evaluated the same way as claims that doe not include functional language. So, you can claim an item by claiming what it does in lieu of what it is.
For a means or step plus function, you can use functional language (e.g., amplifying means) to describe the set of apparatus identified in the specification. The structure and function must be disclosed in the specification, but it is ok to just refer to the function in the claims. The examiner will include the identified apparatus (disclosed in the specification) as anticipated by the specification.
I have no idea what this is trying to say.
How do you get a 112 sixth para rejection? WHat is it?