Information for "MPEP 2184"

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Display titleMPEP 2184
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Page creatorLost Student (talk | contribs)
Date of page creation01:15, May 29, 2007
Latest editorLost Student (talk | contribs)
Date of latest edit22:51, May 31, 2020
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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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