What is the legal basis for rejecting omnibus claims?
The legal basis for rejecting omnibus claims is primarily 35 U.S.C. 112(b), which requires patent claims to particularly point out and distinctly claim the subject matter of the invention. According to MPEP 2173.05(r): “This claim should be rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, because it is indefinite in that…
Read MoreWhat is the historical context of omnibus claims in patent law?
The historical context of omnibus claims in patent law is complex and has evolved over time. The MPEP 2173.05(r) refers to a specific case that provides insight into this history: “See Ex parte Fressola, 27 USPQ2d 1608 (Bd. Pat. App. & Inter. 1993), for a discussion of the history of omnibus claims and an explanation…
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