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2172 Subject Matter Which Applicants Regard as Their Invention



“[T]he indefiniteness inquiry asks whether the claims ‘circumscribe a particular area with a reasonable degree of precision and particularity.’” Marley Mouldings Ltd. v. Mikron Industries Inc., 417 F.3d 1356, 1359 (Fed. Cir. 2005), quoting In re Moore, 439 F.2d 1232, 1235 (CCPA 1971).


While claim terms are given their broadest reasonable interpretation during examination, that interpretation must be consistent with the specification. In re Prater, 415 F.2d 1393, 1404 (CCPA 1969).


The claim as a whole must be considered to determine whether it apprises one of ordinary skill in the art of its scope, and therefore serves the notice function required by 35 U.S.C. § 112, second paragraph by providing clear warning to others as to what constitutes the infringement of the patent. Solomon v. Kimberly-Clark Corp., 216 F.3d 1372, 1379 (Fed. Cir. 2000)(emphasis added). 

2172.01 Unclaimed Essential Matter [R-1]

Such a recitation of an act that may occur in the future does not positively recite a structural relationship between the battery and the substrate. See In re Collier, 397 F.2d 1003, 1005 (CCPA 1968).