Is it acceptable to reference limitations from another claim?

Yes, referencing limitations from another claim is generally acceptable. According to MPEP 2173.05(f): “A claim which makes reference to a preceding claim to define a limitation is an acceptable claim construction which should not necessarily be rejected as improper or confusing under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” This means that…

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How can limitations from the specification be properly incorporated into the claims?

Incorporating limitations from the specification into the claims should be done carefully to avoid indefiniteness issues. The MPEP 2173.03 provides guidance: “The specification should ideally serve as a glossary to the claim terms so that the examiner and the public can clearly ascertain the meaning of the claim terms. Correspondence between the specification and claims…

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What is the difference between a claim limitation that can and cannot be practically performed in the human mind?

The distinction between claim limitations that can and cannot be practically performed in the human mind is crucial for determining whether a claim recites a mental process. According to MPEP 2106.04(a)(2): Claims do not recite a mental process when they do not contain limitations that can practically be performed in the human mind, for instance…

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How are mutually exclusive species defined in patent claims?

Mutually exclusive species in patent claims are defined by their non-overlapping limitations. The MPEP 806.04(f) provides a clear definition: “Claims to different species are mutually exclusive if one claim recites limitations disclosed for a first species but not a second, while a second claim recites limitations disclosed only for the second species and not the…

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