What is the purpose of antecedent basis in patent claims?

What is the purpose of antecedent basis in patent claims? The purpose of antecedent basis in patent claims is to ensure clarity and definiteness in claim language. According to MPEP 2173.05(e): “The lack of clarity could arise where a claim refers to “said lever” or “the lever,” where the claim contains no earlier recitation or…

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How does the MPEP address the use of relative terminology in patent claims?

The MPEP addresses the use of relative terminology in patent claims in section 2173.05(b). While this is not directly part of the ‘New Terminology’ section, it’s closely related and important for claim drafting. The key points are: Acceptability of relative terms: The MPEP states, “The use of relative terminology in claim language, including terms of…

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How are open-ended numerical ranges evaluated in patent claims?

Open-ended numerical ranges in patent claims require careful analysis for definiteness. The MPEP provides guidance on how these ranges are evaluated: Ambiguities can arise when an independent claim recites an open-ended range and a dependent claim sets forth specific amounts that appear to exclude the open-ended component. Claims that include theoretical content greater than 100%…

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How do examiners evaluate functional limitations in patent claims?

Examiners evaluate functional limitations in patent claims by considering several factors to determine if the language is sufficiently definite. The MPEP outlines three key considerations: Whether there is a clear indication of the scope of the subject matter covered by the claim. Whether the language sets forth well-defined boundaries of the invention or only states…

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