Trilateral Project 24.1-Biotechnology 018

The finding of specificity of claim language is closely tied to the specification description, including the actual definition of terms, exemplary definition of terms, etc. The term human "protein X" is not considered to have an invariable definition, so an Examiner must analyze the specification disclosure to determine whether the term has been defined. Should the term be discussed in the specification in an ambiguous way, such as any protein which possesses a particular activity in one part of the specification and by an amino acid sequence in another part of the specification, this might be the basis for questioning the specificity of the example claim.

The USPTO, in close cooperation with its customers, continually strives to provide a clear definition of intellectual property rights in order to further stimulate innovation and progress by assuring those in the relevant arts of the proprietary rights of others. This permits those who are developing inventions to know the metes and bounds of patented inventions and thus when and if they may infringe the rights of others.

Such a claim is not normally labeled as a "means" claim; however, functional limitations raise similar issues as to specificity and ability to practice an invention in all areas.