What constitutes a violation of the written description requirement when changing claim scope?
Changing the scope of claims after filing can violate the written description requirement of 35 U.S.C. 112(a) in several ways: Broadening claims by removing limitations Narrowing claims by adding unsupported elements Altering numerical range limitations Using claim language not synonymous with the original disclosure As stated in MPEP 2163.05: “The failure to meet the written…
Read MoreWhat is the “omission of a limitation” in patent claims?
The “omission of a limitation” in patent claims refers to the removal of a previously claimed element or feature. The MPEP 2163.05 states: “An amendment to a claim may broaden the claim by omitting a limitation; however, the omission of a limitation is not new matter if the broad claim is fully supported by the…
Read MoreCan the scope of patent claims be enlarged during ex parte reexamination?
The scope of patent claims cannot be enlarged during ex parte reexamination. The MPEP clearly states: “35 U.S.C. 305 states that ‘no proposed amended or new claim enlarging the scope of a claim of the patent will be permitted in a reexamination proceeding….’” A claim is considered to enlarge the scope if it is broader…
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