¶ 7.37.10 Unpersuasive Argument: Limitation(s) in Preamble
Applicant’s arguments rely on language solely recited in preamble recitations in claim(s) [1]. When reading the preamble in the context of the entire claim, the recitation [2] is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Examiner Note:
1. In bracket 1, identify the claim(s) the applicant’s unpersuasive argument addresses.
2. In bracket 2, briefly restate the recitation about which applicant is arguing.
3. This form paragraph must be preceded by form paragraph 7.37.