What is the significance of In re Kelly in understanding double inclusion?
The case of In re Kelly is significant in understanding the approach to double inclusion in patent claims. The MPEP 2173.05(o) cites this case to emphasize that there is no absolute rule against double inclusion. The MPEP quotes In re Kelly as follows: “Automatic reliance upon a ‘rule against double inclusion’ will lead to as…
Read MoreIs double inclusion always improper in patent claims?
No, double inclusion is not always improper in patent claims. The MPEP 2173.05(o) clearly states: “There is no per se rule that ‘double inclusion’ is improper in a claim.” The MPEP further elaborates by citing In re Kelly, which states: “Automatic reliance upon a ‘rule against double inclusion’ will lead to as many unreasonable interpretations…
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