What are examples of claim language that have been held to be indefinite regarding numerical ranges?

The MPEP provides specific examples of claim language involving numerical ranges that have been held to be indefinite. These examples illustrate potential issues with clarity and definiteness in patent claims. As stated in MPEP 2173.05(c): “Examples of claim language which have been held to be indefinite are: (A) “a temperature of between 45 and 78…

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What is the difference between claim breadth and indefiniteness?

It’s important to distinguish between claim breadth and indefiniteness in patent examination. The MPEP clarifies this distinction: “Examiners, however, are cautioned against confusing claim breadth with claim indefiniteness. A broad claim is not indefinite merely because it encompasses a wide scope of subject matter provided the scope is clearly defined.” Key points to understand: A…

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Can the transitional phrase “consisting of” ever be interpreted as open-ended in patent claims?

Can the transitional phrase “consisting of” ever be interpreted as open-ended in patent claims? While “consisting of” is generally considered a closed transitional phrase, there are rare circumstances where it might be interpreted as open-ended: Dependent claims: A dependent claim using “consisting of” might be interpreted as open-ended if its base claim uses an open-ended…

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What is the difference between “consisting essentially of” and “comprising” in patent claims?

What is the difference between “consisting essentially of” and “comprising” in patent claims? The transitional phrases “consisting essentially of” and “comprising” have different effects on the scope of patent claims: Comprising: This is an open-ended phrase that allows for additional, unrecited elements or steps. Consisting essentially of: This phrase limits the scope of a claim…

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