Appeal No. 1998-1669
Application No. 08/508,563
out and distinctly claim the subject matter which the
appellant regards as his invention.
The second paragraph of 35 U.S.C. § 112 (1999) states:
The specification shall conclude with one or
more claims particularly pointing out and
distinctly claiming the subject matter which the
applicant regards as his invention.
The “distinctly claiming” requirement means that the claims
must have a clear and definite meaning when construed in light
of the complete patent specification. Standard Oil Co. v.
American Cyanamid Co., 774 F.2d 448, 452, 227 USPQ 293, 296
(Fed. Cir. 1985). Thus, section 112 ensures definiteness of
claim language. In re Zletz, 893 F.2d 893 F.2d 319, 322, 13
USPQ2d 1320, 1322 (Fed. Cir. 1989).
In this regard, the purpose of a patent claim is to
define the scope of protection and hence what the claim5
precludes others from doing. Because a patent confers upon
the patentee the right to exclude others from making, using
and selling the claimed invention, the public must be apprised
of what the patent covers, so that those who approach the area
5 In re Vamco Machine & Tool, Inc., 752 F.2d 1564, 224
USPQ 617 (Fed. Cir. 1985).
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