Get The Introduction Of Negative Claim Limitations During Ex Parte ...

The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.

A conditional claim can typically be defined as any printed, audio, or visual representation that suggest that food has particular qualities which are subjected to one or the other requirements being met.

A functional limitation is often used in association with an element, ingredient, or step of a process to define a particular capability or purpose that is served by the recited element, ingredient or step.

A “negative claim limitation” is language recited in a patent claim that speaks to the absence of a feature, as opposed to a positive claim limitation that recites the presence of a feature.

Each claim element (or portion thereof) may be referred to as a claim “limitation” since it adds another necessary element to the scope of the invention, thereby limiting the class of infringing devices, methods, etc., to those having that limitation.

The refusal to grant claims because the subject matter as claimed is considered unpatentable is called a “rejection.” The term “rejected” must be applied to such claims in the examiner's action. If the form of the claim (as distinguished from its substance) is improper, an “objection” is made.

A functional limitation is often used in association with an element, ingredient, or step of a process to define a particular capability or purpose that is served by the recited element, ingredient or step.

The MPEP now reflects this same approach: The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.