Using “Configured to” Language in Patent Claims

Today, a patent Examiner called one of the attorneys at our office to suggest adding the language of “configured to” in front of a functional phrase in the claim. The reason that I’m bringing this to your attention is to let you know that (according to the Examiner who called today) Examiners have been instructed by the PTO to give patentable weight to “considered to” language in claims, in view of the In re Giannelli case. Although that case is two years old, Examiner’s have been given renewed instruction to consider the holding in that case, when examining claims that…

If you want to receive the full article please subscribe to case updates above.