Can a claim refer to figures or tables in the specification?

According to MPEP 608.01(m), claims should not refer to figures or tables in the specification unless absolutely necessary. The MPEP states:

Where possible, claims are to be complete in themselves. Incorporation by reference to a specific figure or table ‘is permitted only in exceptional circumstances where there is no practical way to define the invention in words and where it is more concise to incorporate by reference than duplicating a drawing or table into the claim.’

In most cases, the subject matter of figures or tables should be described in words within the claim. Only when it’s impractical to define the invention without reference to a figure or table, and when it’s more concise to incorporate by reference, should such references be used in claims.

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Topics: Patent Law, Patent Procedure
Tags: Claim References, Figures, Specification, Tables