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…
Read MoreHow does referencing limitations affect product-by-process claims?
Referencing limitations can be particularly relevant for product-by-process claims. The MPEP 2173.05(f) provides an example: “The product produced by the method of claim 1.” This example demonstrates that it’s acceptable to define a product claim by referencing a method claim. Such claims are not automatically considered indefinite under 35 U.S.C. 112(b). However, patent applicants should…
Read MoreCan method claims reference limitations from apparatus claims?
Yes, method claims can reference limitations from apparatus claims, as long as the reference is clear and does not introduce confusion. The MPEP 2173.05(f) provides an example of an acceptable reference: “A method of producing ethanol comprising contacting amylose with the culture of claim 1 under the following conditions …..” Additionally, the MPEP cites a…
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