Q) Indefinite Claim using 'high'

by patentbar on August 7, 2008 · 1 comment

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.

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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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