How can a patent be granted if key terms in independent claims are mentioned only in the background, with no explanations provided for them?

"Mutual displacement" is one,"assigning controls" is another, and I was taught that each term appearing in the claims should be clarified in the detailed description, or rely on common knowledge to explain it...


Any key/critical term used in the claims must find support in the specification. One can define the terms one wants to use in the claims to give them the meaning one intends. However any departure from common usage of such word(s) should be defined well enough in the the disclosure, such that the intended meaning would be so understood by a person of experience in the field of the invention. Unless certain critical terminologies are well defined, the terminologies are presumed to take on the ordinary and customary meanings attributed to them by those of ordinary skill in the art. The background is a part of the specification and if the background section is able to convey the intended meaning of the term(s) used in the claims than the terms may be considered well defined and eventually a patent may be granted. You may refer to the link below for details http://www.invntree.com/blogs/why-should-patent-specifications-be-drafted-by-patent-professionals


A claim must convey its meaning to someone knowledgeable in the field. I did a quick google patents search with "control mutual displacement implant -ininventor:"jan hall"". I didn't write that out but built the search with google patents advanced. It narrows to patents with the words control, mutual, displacement and implant and without the inventor of the patent in question. It gets thousands of hits. If narrowed to the class/subclass of the patent in question it still gets four hits. I would assume from this that the terms are used and understood the field.

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