Can a Markush claim include both compounds and processes?
Can a Markush claim include both compounds and processes? Yes, a Markush claim can include both compounds and processes, as long as they share a common use or property. The MPEP 2117 provides guidance on this: “A Markush claim may encompass a plurality of independent and distinct inventions where two or more members are so…
Read MoreWhat constitutes enabling prior art for compounds and compositions?
Enabling prior art for compounds and compositions must allow one of ordinary skill in the art to make or synthesize the compound. As stated in MPEP 2121.02: “Where a process for making the compound is not developed until after the date of invention, the mere naming of a compound in a reference, without more, cannot…
Read MoreHow does the MPEP distinguish between compounds and mixtures in terms of obviousness?
The Manual of Patent Examining Procedure (MPEP) makes an important distinction between compounds and mixtures when considering obviousness. MPEP 2144.02 states: “The known chemical relationship between structurally similar compounds (homologs, analogs, isomers) did not support a finding of prima facie obviousness of claimed zeolite over the prior art because a zeolite is not a compound…
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