On
Means-plus-function claiming recites a function in the claims, but not detailed structure (or materials, acts, etc.), instead relying on the specification for disclosing and supplying the corresponding features that perform the function. In doing so, the claims are construed to also cover equivalents of the disclosed features.
While often thought of as being used in mechanical claim drafting, means-plus-function claiming is not confined to any particular field of technology. In fact, the memo contains a specific section on "Special considerations for computer implemented claim limitations." Interestingly, earlier this year at the request of the USPTO, the Federal Circuit in
As of the issuance of the memo, the USPTO has not issued a revised decision in
The purpose of this memorandum is to remind examiners of the resources available when examining limitations under 35 U.S.C. 112(f) (commonly called "means-plus-function" or "step-plus-function" limitations) and to reinforce the importance of properly interpreting such limitations and of making the record clear as to your interpretation.
www.uspto.gov/...
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