¶ 7.30.04    Use of "Means" (or "Step for") in Claim Drafting and Rebuttable Presumptions Raised

Use of the word "means" (or "step for") in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f)  (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f)  (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.

Absence of the word "means" (or "step for") in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f)  (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f)  (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.

Claim elements in this application that use the word "means" (or "step for") are presumed to invoke 35 U.S.C. 112(f)  except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word "means" (or "step for") are presumed not to invoke 35 U.S.C. 112(f)  except as otherwise indicated in an Office action.

Examiner Note:

1. Use this paragraph ONLY ONCE in a given Office action when claim elements use "means" (or "step for") or otherwise invoke treatment under 35 U.S.C. 112(f)  (pre-AIA 35 U.S.C. 112, sixth paragraph) by using a substitute term for "means" that serves as a generic placeholder.

2. This paragraph must be preceded with form paragraph 7.30.03 unless already cited in a previous Office action.

3. An explanation should be provided when the presumptions raised are rebutted by the claim language, for example by using "means" in a claim element along with definite structure that performs the function or by not using "means" and failing to recite structure that performs the function.

4. This paragraph may be followed by form paragraphs 7.34.11, 7.34.16, 7.34.18, 7.34.19, 7.34.20, 7.34.21, as appropriate.