IP Blog
words of approximation
Words of Approximation: The Fine Line between being Definite or Indefinite in Prosecution
A search of PTAB ex partes appeals over the past three months shows that relatively few decisions have dealt with words of approximation. The two recent ex partes decisions discussed below both determine whether the claim term “about” is definite. One decision held that “about” was definite, while the other decision held that “about” was indefinite. In Ex parte Karl...
“Substantially” is a Definite Term in Recent PTAB Decisions
Many practitioners view words of approximation, such as “substantially,” as useful tools to broaden claim language. MPEP §2173.05(b) states that words of approximation are acceptable if one of ordinary skill in the art would understand what is claimed, in light of the specification. In fact, MPEP §2173.05(b)III discusses the acceptable use of various words of approximation, including “substantially.” Yet, it...