Which limitation cannot be read into a claim that does not specifically include it?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

The correct answer highlights an important aspect of claim construction in patent law. In the context of patent claims, limitations explicitly stated in a claim define the scope of the patent rights. When a claim does not specifically include a limitation, that limitation cannot be enforced or interpreted as applying to that claim.

A positive limitation from the specification refers to specific features or characteristics that are laid out in the detailed description of an invention but are not included in the claims themselves. Claims must stand on their own, and the patent office cannot read in limitations that are not expressly included in the claims. This principle reinforces the notion that the claims are the critical legal boundary of the patent, and any features not explicitly put forth cannot be assumed to be part of the invention's scope.

This principle ensures clarity and certainty in patent rights, preventing the broadening of claims through external language found in the specification. Thus, it emphasizes the need for precise language when drafting claims to ensure that they reflect exactly what the inventor intends to protect.

In contrast, the other possibilities involve limitations or interpretations that can be tied to the claim through various means, provided they are articulated in a different section of the patent documentation.

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