Can alternative elements disclosed in the specification be excluded in the claims?
Yes, alternative elements disclosed in the specification can be excluded in the claims through negative limitations. The MPEP 2173.05(i) states: “If alternative elements are positively recited in the specification, they may be explicitly excluded in the claims.” This principle is based on the reasoning that if the specification describes the whole, it necessarily describes the…
Read MoreCan alternative elements positively recited in the specification support a negative limitation?
Can alternative elements positively recited in the specification support a negative limitation? Yes, alternative elements positively recited in the specification can support a negative limitation in patent claims. This is explicitly mentioned in MPEP 2173.05(i): “If alternative elements are positively recited in the specification, they may be explicitly excluded in the claims.” This means that…
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