By Ronald Slusky

Invention Analysis and Claiming

Means-Plus-Function Claiming—Part II¹

Ronald Slusky mentored dozens of attorneys in “old school” invention analysis and claiming principles over a 31-year career at Bell Laboratories. He is now in private practice in New York City and the author of the widely praised book, “Invention Analysis and Claiming: A Patent Lawyer’s Guide,” (American Bar Association, 2007). Ron’s CLE-accredited seminar based on his book is being next presented in Chicago on May 21-22, 2012. Details at www.sluskyseminars.com Ron can be reached at 212-246-4546 and rdslusky@verizon.net.

This is the second of a series of columns on means-plus-function claiming.

Section 112, ¶6 of the patent statute (soon to be known as §112(f))² says that an element in a claimed combination may be expressed as a means or step for performing a specified function without the claim having to be more specific about, for example, the structure that makes up a recited means or the acts (sub-steps) that make up a recited step. The exact lan...