How should examiners handle inventions with multiple classifications?
When dealing with inventions that have multiple classifications, examiners should conduct a comprehensive search across all relevant areas. The MPEP 904.02(a) advises:
“It is not necessary to search all the classes into which the patent document has been placed, or to search all classes in which the claimed subject matter of a patent application would be properly classified.”
However, examiners should:
- Identify the most relevant classifications based on the claimed invention
- Consider additional classifications for unclaimed but disclosed features
- Use their judgment to determine the extent of the search in each classification
- Ensure the search covers the inventive concept and its variations
The goal is to conduct an efficient yet thorough search that captures all relevant prior art.
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