What are some examples of acceptable claim references?
The MPEP 2173.05(f) provides several examples of acceptable claim references:
- “The product produced by the method of claim 1.”
- “A method of producing ethanol comprising contacting amylose with the culture of claim 1 under the following conditions …..”
Additionally, the MPEP cites a case law example:
“See also Ex parte Porter, 25 USPQ2d 1144 (Bd. Pat. App. & Inter. 1992) (where reference to “the nozzle of claim 7″ in a method claim was held to comply with 35 U.S.C. 112, second paragraph).”
These examples demonstrate that referencing specific elements or entire claims is generally acceptable in patent claim drafting.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(F) - Reference To Limitations In Another Claim,
Patent Law,
Patent Procedure