Basic facts In D’Agostino v. MasterCard International (Fed. Cir. 2017), the limits of what is the broadest reasonable interpretation of a claim limitation is explored. In this case, if the interpretation is illogical based on the claim structure, the patent specification and the file history, then the interpretation would be unreasonably broad. MasterCard petitioned the … [Read more...]
During examination of a patent application, the examiner interprets the claims according to its broadest reasonable interpretation. The MPEP states:
The Patent and Trademark Office (“PTO”) determines the scope of claims in patent applications not solely on the basis of the claim language, but upon giving claims their broadest reasonable construction “in light of the specification as it would be interpreted by one of ordinary skill in the art.” In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364[, 70 USPQ2d 1827, 1830] (Fed. Cir. 2004).
During examination of a patent application, the patent examiner reviews the claims to determine whether the claimed invention is novel and non-obvious in light of the prior art or existing technology. In order to review the claims, the examiner interprets the claim limitations and attributes the broadest reasonable interpretation to each of the claim limitations. However, the … [Read more...]