What is an “omnibus claim” and how is it addressed in patent examination?
An “omnibus claim” is a type of claim that fails to point out what is included or excluded by the claim language. The MPEP provides a specific form paragraph (7.35) to address omnibus claims in patent examination.
According to the MPEP, an example of an omnibus claim is: “A device substantially as shown and described.” Such claims are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, for being indefinite.
The form paragraph 7.35 states:
Claim [1] rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language. This claim is an omnibus type claim.
Examiners are instructed to use this paragraph to reject omnibus claims without further explanation. The MPEP also notes that such claims may be canceled by examiner’s amendment upon allowance, as discussed in MPEP § 1302.04(b).
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