What is the historical context of omnibus claims in patent law?
The historical context of omnibus claims in patent law is complex and has evolved over time. The MPEP 2173.05(r) refers to a specific case that provides insight into this history:
“See Ex parte Fressola, 27 USPQ2d 1608 (Bd. Pat. App. & Inter. 1993), for a discussion of the history of omnibus claims and an explanation of why omnibus claims do not comply with the requirements of 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.”
This case, Ex parte Fressola, is a key decision that examines the historical use of omnibus claims and explains why they are no longer considered acceptable under modern patent law. The decision likely discusses how patent claim requirements have become more stringent over time, emphasizing the need for clarity and definiteness in claim language.
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