IP Blog
functional patent claiming
“Program,” “UI Code,” Not Means-Plus-Function Terms
The Federal Circuit has held that claim terms “program” and “user interface code,” as used in the phrases “program that can operate the movement of the pointer” and “user interface code being configured to detect one or more locations touched by a movement of a user’s finger” are not subject to interpretation as “means-plus-function” limitations. Zeroclick, LLC, v. Apple Inc.,...
Beware Indefiniteness under Williamson and 35 U.S.C. §112(f)
Functional patent claim language not only justified an Examiner’s indefiniteness rejections under 35 USC § 112(b), but also justified a new ground of indefiniteness rejection in In re Xie, Ex parte Appeal 2017-000540, Application 12/774,138 (March 20, 2018). Why? Because the PTAB found sua sponte that the applicant had not overcome the weakened presumption of Williamson v. Citrix Online, LLC...
Fed. Cir: Patent Claim Not Indefinite System/Method Hybrid
A patent claim directed to a system comprising multiple elements including a “CRM software application” that according to the claim “presents,” “receives,” and “generates” various data was not indefinite under 35 USC § 112, second paragraph, for reciting method steps in the context of a system claim. MasterMine Software, Inc. v. Microsoft Corp., No. 2016-2465 (Fed. Cir. Oct. 30, 2017). ...