What is the significance of the “improper Markush grouping” rejection in patent examination?
The “improper Markush grouping” rejection is a significant aspect of patent examination for Markush claims. As explained in MPEP 803.02:
“A Markush claim may be rejected under judicially approved “improper Markush grouping” principles when the claim contains an improper grouping of alternatively useable members. A Markush claim contains an “improper Markush grouping” if either: (1) the members of the Markush group do not share a “single structural similarity” or (2) the members do not share a common use.”
This rejection is significant because it ensures that Markush claims are properly formulated with structurally similar or functionally related alternatives. An improper Markush grouping can lead to claim rejections and may require the applicant to narrow the scope of their claim to a proper grouping of alternatives.
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