What is the USPTO’s stance on rejecting patent claims for “aggregation”?
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…
Read MoreWhat is the significance of the term “aggregation” in patent law?
The term “aggregation” in patent law refers to a historical concept that is no longer considered a valid basis for rejecting patent claims. According to MPEP 2173.05(k): “A claim should not be rejected on the ground of ‘aggregation.’” This guidance reflects a shift in patent examination practice. Historically, “aggregation” was used to describe claims that…
Read MoreWhat legal cases support the policy against rejecting claims for aggregation?
The policy against rejecting patent claims for aggregation is supported by two key legal cases cited in MPEP 2173.05(k): In re Gustafson, 331 F.2d 905, 141 USPQ 585 (CCPA 1964): This case established that “an applicant is entitled to know whether the claims are being rejected under 35 U.S.C. 101, 102, 103, or 112.” In…
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