What actions must a patent examiner take when encountering indefinite claim language?
When a patent examiner encounters indefinite claim language, they are required to take specific actions. The MPEP provides clear guidance: “Therefore, claims that do not meet this standard must be rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph as indefinite. Such a rejection requires that the applicant respond by explaining why…
Read MoreWhat are some examples of claim language that have been held to be indefinite due to exemplary phrasing?
The MPEP 2173.05(d) provides several examples of claim language that have been held to be indefinite due to exemplary phrasing: “R is halogen, for example, chlorine” “material such as rock wool or asbestos” (Ex parte Hall, 83 USPQ 38 (Bd. App. 1949)) “lighter hydrocarbons, such, for example, as the vapors or gas produced” (Ex parte…
Read MoreWhat are examples of claim language that have been held to be indefinite regarding numerical ranges?
The MPEP provides specific examples of claim language involving numerical ranges that have been held to be indefinite. These examples illustrate potential issues with clarity and definiteness in patent claims. As stated in MPEP 2173.05(c): “Examples of claim language which have been held to be indefinite are: (A) “a temperature of between 45 and 78…
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