Information for "MPEP 2184"
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Display title | MPEP 2184 |
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Page creator | Lost Student (talk | contribs) |
Date of page creation | 01:15, May 29, 2007 |
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Date of latest edit | 22:51, May 31, 2020 |
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Article description: (description ) This attribute controls the content of the description and og:description elements. | The specification need not describe the equivalents
of the structures, material, or acts corresponding to
the means-(or step-) plus-function claim element. See
In re Noll, 545 F.2d 141, 149-50, 191 USPQ 721, 727
(CCPA 1976) (the meaning of equivalents is well
understood in patent law, and an applicant need not
describe in his specification the full range of equivalents
of his invention) (citation omitted). Cf.
Hybritech Inc. v. Monoclonal Antibodies, Inc., 802
F.2d 1367, 1384, 231 USPQ 81, 94 (Fed. Cir. 1986)
("a patent need not teach, and preferably omits,
what
is well known in the art"). Where, however, the
specification is silent as to what constitutes equivalents
and the examiner has made out a prima faciecase of equivalence, the burden is placed upon the
applicant to show that a prior art element which performs
the claimed function is not an equivalent of the
structure, material, or acts disclosed in the specification.
See In re Mulder, 716 F.2d 1542, 1549, 219
USPQ 189, 196 (Fed. Cir. 1983). |
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