On the Exception and the Constrictive Interpretation of the Functional Feature

The functional feature has a wide range of meanings.It is necessary to limit the content,to exclude the exception,and to moderately constrict the interpretation of the functional feature.Otherwise it is difficult to make a correct judgment to the patent infringement involving the functional feature.A technical feature that contains only specific function(or effect)is not necessarily the functional feature,except that ordinary technicians in the fi eld can directly and clearly determine the specifi c implementation only on the basis of the record of the patent claim.The protection scope of the functional feature is based on the technical feature indispensable to the realization of the function(or effect)in patent specifi cation and drawings.The accused technical feature constitutes infringement only when it is identical to the functional feature in function and effect.