Nautilus requires that claims inform a person of skill about the scope with reasonable certainty when read in light of the specification and prosecution history. Terms of degree require some objective boundary.
Means-plus-function claims lacking disclosed structure are indefinite.
Alternative Names:
Indefinite Claim|Section 112(b) Indefiniteness
Why it Matters?
Means-plus-function claims are the most reliable indefiniteness ground, since a functional limitation without corresponding structure disclosed in the specification is indefinite as a matter of law, and software claims frequently lack the required algorithm. Terms of degree including substantially and about survive where the specification supplies a comparison point. The defense is available in district court and post-grant review only.
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Frequently asked questions
What is the most reliable ground?
Do terms of degree survive?
