How does double inclusion affect device claims in patents?
Double inclusion in device claims can potentially lead to indefiniteness issues. The MPEP 2173.05(o) provides specific guidance on this matter:
“On the other hand, where a claim directed to a device can be read to include the same element twice, the claim may be indefinite.”
The MPEP cites the case of Ex parte Kristensen to support this point. This guidance suggests that when a device claim can be interpreted to include the same element multiple times, it may create ambiguity about the claim’s scope or the device’s structure. Patent examiners and drafters should carefully evaluate device claims for potential double inclusion issues that could lead to indefiniteness rejections.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(O) - Double Inclusion,
Patent Law,
Patent Procedure