Ex parte Yamaguchi
A patent claiming priority to a provisional application can be a prior art reference under § 102(e) when all subject matter relied upon for a rejection is found in both the patent and the provisional application.
A patent claiming priority to a provisional application can be a prior art reference under § 102(e) when all subject matter relied upon for a rejection is found in both the patent and the provisional application.
Dependent claims must reference a previous claim and must further limit the subject matter of that claim. Failure to comply with this requirement invalidates the claim under 35 U.S.C. §112.
For structure that performs a claimed function in a means-plus-function claim limitation to be properly identified as “corresponding” structure, the specification or prosecution history must clearly link or associate that structure to the function recited in the claim. In addition, claim terms must be given their plain meaning in the absence of evidence that the inventor intended a novel meaning or limited the scope of a term to particular embodiments.