Functional limitation (functional language) has such a major role in claim analysis, practically when analyzing USC112 6th.
A functional limitation is an attempt to define something by what it does or by property or characteristic it has, rather than by what it is.
e.g.
“a printer prints paper” or “user interface displaying one or more controls associated with the selected task…” are functional limitations.
A functional limitation is often used in association with an element, ingredient, or step of a process to define a particular capability or purpose that is served by the recited element, ingredient or step.
Moreover, if rejection of your application teaches only the structural limitation of the claim and examiner saying the prior art structure is capable of performing the recited function, in the case, the burden is shift to you to prove they are not the same, and usually here is USC 112 6thanalysis kick in, given you have invoke it when you drafting the claim.
编辑于 2019-8-23 著作权归作者所有
