When can referencing limitations from another claim lead to rejection?

While referencing limitations from another claim is generally acceptable, there are situations where it can lead to rejection. According to MPEP 2173.05(f):

“However, where the format of making reference to limitations recited in another claim results in confusion, then a rejection would be proper under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.”

This means that if the way a claim references another claim creates ambiguity or uncertainty about the claim’s scope, it may be rejected for indefiniteness. Patent drafters should ensure that references to other claims are clear and do not introduce confusion.

To learn more:

• claim rejection
• indefiniteness
• 35 U.S.C. 112(b)
• claim clarity