MPEP § 2173.05(k) — Aggregation (Annotated Rules)
§2173.05(k) Aggregation
This page consolidates and annotates all enforceable requirements under MPEP § 2173.05(k), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Aggregation
This section addresses Aggregation. Primary authority: 35 U.S.C. 101. Contains: 1 guidance statement and 1 other statement.
Key Rules
35 U.S.C. 101 – Patent Eligibility
A claim should not be rejected on the ground of “aggregation.” In re Gustafson, 331 F.2d 905, 141 USPQ 585 (CCPA 1964) (an applicant is entitled to know whether the claims are being rejected under 35 U.S.C. 101, 102, 103, or 112); In re Collier, 397 F.2d 1003, 1006, 158 USPQ 266, 268 (CCPA 1968) (“[A] rejection for ‘aggregation’ is non-statutory.”).
Claims
If a claim omits essential matter or fails to interrelate essential elements of the invention as defined by applicant(s) in the specification, see MPEP § 2172.01.
Citations
| Primary topic | Citation |
|---|---|
| 35 U.S.C. 101 – Patent Eligibility | 35 U.S.C. § 101 |
| Claims | MPEP § 2172.01 |
| 35 U.S.C. 101 – Patent Eligibility | In re Collier, 397 F.2d 1003, 1006, 158 USPQ 266, 268 (CCPA 1968) |
| 35 U.S.C. 101 – Patent Eligibility | In re Gustafson, 331 F.2d 905, 141 USPQ 585 (CCPA 1964) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2173.05(k) — Aggregation
Source: USPTO2173.05(k) Aggregation [R-08.2012]
A claim should not be rejected on the ground of “aggregation.” In re Gustafson, 331 F.2d 905, 141 USPQ 585 (CCPA 1964) (an applicant is entitled to know whether the claims are being rejected under 35 U.S.C. 101, 102, 103, or 112); In re Collier, 397 F.2d 1003, 1006, 158 USPQ 266, 268 (CCPA 1968) (“[A] rejection for ‘aggregation’ is non-statutory.”).
If a claim omits essential matter or fails to interrelate essential elements of the invention as defined by applicant(s) in the specification, see MPEP § 2172.01.