Can method claims reference limitations from apparatus claims?
Yes, method claims can reference limitations from apparatus claims, as long as the reference is clear and does not introduce confusion. The MPEP 2173.05(f) provides an example of an acceptable reference:
“A method of producing ethanol comprising contacting amylose with the culture of claim 1 under the following conditions …..”
Additionally, the MPEP cites a relevant case:
“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 method claims can reference specific elements or entire apparatus claims, provided the reference is clear and does not create indefiniteness issues.
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