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Client Alert: Federal Circuit Confirms that Specification Support is Required to Avoid Overly Broad Construction of Functional Claim Language
On January 14, 2026, the Federal Circuit issued a nonprecedential decision in In re Blue Buffalo Enterprises addressing how functional claim language such as “configured to” and “configured for” should be construed. The Court affirmed that, absent clear and unequivocal specification support for a narrower interpretation, such phrases are broadly construed to mean a structure is merely “capable of” performing the recited function. The decision reinforces the importance of providing meaningful specification support when using functional language in product claims and highlights the risk that broadly framed functional limitations may read on prior art.
From a preparation and prosecution standpoint, practitioners should carefully consider whether functional phrases such as “configured to” or “configured for” are doing meaningful work in a claim or whether they introduce unnecessary risk. These phrases became popular in the 2010’s to circumvent a narrow interpretation as a means-plus-function claim under 35 U.S.C. § 112(f). Regardless, where possible and appropriate, claims reciting explicit structural limitations should be included.
This alert was prepared by Cantor Colburn Partner Michael H. Brodowski, Ph.D. Read the Cantor Colburn client alert for an analysis of the situation and what it might mean for you.
Cantor Colburn brings decades of experience in patents and all areas of intellectual property law. If you have questions about this matter or any other IP-related issue, please contact your Cantor Colburn attorney.
Please note that each situation has its own unique circumstances and ramifications. This Client Alert is for informational purposes only and is not legal advice.
