Trilateral Project 24.1-Biotechnology 012

A result (function) to be achieved may be presented in combination with other elements in a claim, such means-plus-function recitation is permitted in combination claims. It does not matter if the element is unknown to the public as of the filing date. This permits discoveries to be protected at a level commensurate in scope with what the inventor provided to the public. This is particularly beneficial to emerging technologies. Because of the adequacy of coverage, it encourages early disclosure of inventions which is in keeping with the constitutional mandate of the United States to promote the useful arts. Such claims can be considered means-plus-function claims, permitted by 35 U.S.C. Sec. 112, sixth paragraph.