What is the USPTO’s stance on rejecting patent claims for “aggregation”?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to the Manual of Patent Examining Procedure (MPEP) 2173.05(k) , patent claims should not be rejected on the grounds of “aggregation.” The MPEP states: “A claim should not be rejected on the ground of ‘aggregation.'” This guidance is based on legal precedents, including In re Gustafson and In re Collier , which established that rejections for aggregation are non-statutory and that applicants are entitled to know the specific statutory basis for a rejection (e.g., under 35 U.S.C. 101, 102, 103, or 112). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims Not to Be Rejected on Aggregation Grounds MPEP 2173.05(k) Recommended Claims Must Particularly Point Out and Distinctly Claim the Invention MPEP 2173 Required Claims Must Particularly Point Out and Distinctly Claim the Invention MPEP 2173 Definiteness Requirement for Claims MPEP 2173 Required Claim Must Be Definite Under Section 112(b) MPEP 2173 Claims Must Be Clear and Definite MPEP 2173 Requirement for Clear Claim Language MPEP 2173 Permitted Claims Must Clearly Define Boundaries MPEP 2173 Required Requirement for Clear Claim Boundaries MPEP 2173 Required Claims Must Include All Essential Elements MPEP 2173.05(k) Other Related FAQs 5 FAQs Collapse How does the concept of &#8220;essential elements&#8221; relate to patent claim rejections? What legal cases support the policy against rejecting claims for aggregation? What should patent examiners consider instead of aggregation when evaluating claims? What is the significance of the term &#8220;aggregation&#8221; in patent law? When should an examiner make a rejection under 35 U.S.C. 112(b) for exemplary claim language?