Can a claim preamble provide antecedent basis for claim limitations?
Yes, a claim preamble can provide antecedent basis for claim limitations, but this depends on the specific circumstances and the nature of the invention. The MPEP 2173.05(e) states: “The determination of whether a preamble limits a claim is made on a case-by-case basis in light of the facts in each case; there is no litmus…
Read MoreDoes additional elements in the claim body not mentioned in the preamble cause indefiniteness?
No, the presence of additional elements in the body of a claim that are not mentioned in the preamble does not automatically render the claim indefinite. The MPEP 2173.05(e) clarifies: “The mere fact that the body of a claim recites additional elements which do not appear in the claim’s preamble does not render the claim…
Read More