Can a Markush claim be rejected for having an improper Markush grouping?
Yes, a Markush claim can be rejected for having an improper Markush grouping. According to MPEP 803.02: “If the Markush grouping was improper, a rejection on the basis of there being an improper Markush grouping should be made as described in MPEP ยง 2117.” An improper Markush grouping exists when the alternatives defined by the…
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