What is a key requirement for a claim to avoid a 112 6th paragraph rejection?

To avoid a rejection under 35 U.S.C. §112, sixth paragraph, a claim must adequately define the means for performing the specified function within the specification. This section specifically addresses functional claims that do not recite the structure or materials of the claimed invention but rather state what the invention does or achieves.

In order to satisfy the requirements, the specification must provide enough detail to inform the person of ordinary skill in the art of the structure that corresponds to the claimed function. This allows proper understanding and enables one to replicate the invention as claimed. By linking the means to specific structures disclosed in the specification, a claim meets the requirements to avoid being deemed indefinite or overly vague.

The other options, while potentially relevant in a broader context of patentability, do not address the specific requirement related to §112, sixth paragraph. Describing a product's structure is important but does not substitute for the necessary linkage between means and function needed to meet the statute's criteria. Novelty and non-obviousness pertain to the overall patentability of the invention but do not specifically interact with the means-plus-function language. Similarly, referencing existing patents may provide context but is not a requirement to fulfill the criteria established by §112 for means-plus-function claims.