Q) Indefinite Claim using 'high'

by patentbar on August 7, 2008 · 23 comments

in Exam Questions

This question asked if a claim was indefinite because it used the word ‘high’ instead of a range. There were various answers ranging from never to always. I chose one in the middle which said something about it being acceptable as long as there is enough description in the specification that would allow one of ordinary skill in the art to know what ‘high’ means. See Atmel Corp. v. Information Storage Devices, Inc. in MPEP 2181.

{ 23 comments… read them below or add one }

1 GoJacketsNo Gravatar November 13, 2009 at 1:22 pm

2173.05(b) – Relative Terminology

The fact that claim language, including terms of degree, may not be precise, does not automatically render the claim indefinite under 35 U.S.C. 112, second paragraph. Seattle Box Co., v. Industrial Crating & Packing, Inc., 731 F.2d 818, 221 USPQ 568 (Fed. Cir. 1984). Acceptability of the claim language depends on whether one of ordinary skill in the art would understand what is claimed, in light of the specification.

WHEN A TERM OF DEGREE IS PRESENT, DETERMINE WHETHER A STANDARD IS DISCLOSED OR WHETHER ONE OF ORDINARY SKILL IN THE ART WOULD BE APPRISED OF THE SCOPE OF THE CLAIM

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2 DamienNo Gravatar November 21, 2010 at 8:05 pm

Got this question as well today – i second GoJacket. Nearly verbatim answer choice….

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3 OverworkkedNo Gravatar April 28, 2011 at 2:53 pm

Got this on 4/27/2011. I went with GoJackets above as a near verbatim answer.

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4 jacquiegardnerNo Gravatar May 3, 2011 at 7:17 pm

Got this one today. I went with the same answer as above.

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5 BeckerNo Gravatar May 17, 2011 at 3:17 pm

I got this question 5/16/2011.

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6 SarahNo Gravatar May 18, 2011 at 4:12 pm

Got this question today 5/18/11.

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7 GregoryNo Gravatar June 8, 2011 at 2:59 pm

got this questions and the answer choices are difficult to pick between…most of them identify the workd “high” as indefinite, yet each for a different reason.

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8 BigBadVoodoDaddyNo Gravatar July 26, 2011 at 6:27 pm

Got this one July 2011. Easy point.

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9 BobNo Gravatar August 3, 2011 at 2:05 am

Got this on 8/2/11

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10 maggieNo Gravatar August 26, 2011 at 12:11 am

got this 8/24

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11 RemandedNo Gravatar September 18, 2011 at 8:57 pm

Got this one today, 18 September 2011.

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12 JamecamNo Gravatar October 30, 2011 at 11:14 pm

I got this question on 10/29/2011.

The correct answer is that the term “high” is not necessarily indefinite because relative terminology is acceptable if a person of ordinary skill would understand what the term means based on the description in the specification and the understanding in the art.

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13 ChemEEENo Gravatar November 9, 2011 at 6:30 pm

got this 11/7/11
chose same answer as Jamecam

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14 BagelmanNo Gravatar January 20, 2012 at 12:03 pm

Got this 1/18/12.

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15 RemandedNo Gravatar January 20, 2012 at 7:39 pm

Saw this question 20 January 2012.

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16 AlfredoNo Gravatar January 24, 2012 at 12:48 pm

Got this one 1/23/12

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17 AnnaNo Gravatar March 7, 2012 at 4:39 pm

Had this one on 02/04/12

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18 KillianRedNo Gravatar March 17, 2012 at 5:53 pm

Got this on 3/17/12

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19 KWNo Gravatar July 22, 2012 at 9:18 pm

Got this verbatim today. 7/22/2012

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20 fluidNo Gravatar September 23, 2012 at 8:59 am

I had it 9/22/2012. The answer was something like “it’s not indefinite if a PHOSITA would understand the range”

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21 RandomNo Gravatar October 15, 2012 at 8:42 pm

Got this one today, same version as fluid on 9/23.

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22 B-RealNo Gravatar December 28, 2012 at 3:05 pm

I had this on 12/27/12. I chose PHOSITA would understand.

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23 ZNo Gravatar March 31, 2013 at 3:13 pm

Got this 3/30/13. Chose same answer as Jamecam.

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