When is a broad claim considered indefinite?

A broad claim is considered indefinite when it lacks clarity in defining its scope. The MPEP 2173.04 states: “A broad claim is not indefinite merely because it encompasses a wide scope of subject matter provided the scope is clearly defined. But a claim is indefinite when the boundaries of the protected subject matter are not…

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What are the grounds for rejection based on deposit issues in biotechnology patent applications?

The Manual of Patent Examining Procedure (MPEP) outlines several grounds for rejection based on deposit issues in biotechnology patent applications. These include: Lack of enablement under 35 U.S.C. 112(a) Lack of written description under 35 U.S.C. 112(a) Lack of best mode under 35 U.S.C. 112(a) Indefiniteness under 35 U.S.C. 112(b) Failure to claim what the…

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What is the “approximation” term in patent claims?

What is the “approximation” term in patent claims? The term “approximation” in patent claims is a type of relative terminology that can be used to describe a range or value. According to MPEP 2173.05(b), “approximation” terms are acceptable in patent claims when the degree of precision appropriate for the subject matter is known to one…

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When should an examiner make a rejection under 35 U.S.C. 112(b) for exemplary claim language?

An examiner should consider making a rejection under 35 U.S.C. 112(b) when exemplary claim language creates uncertainty about the claim’s scope. The MPEP 2173.05(d) states: “In those instances where it is not clear whether the claimed narrower range is a limitation, a rejection under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph should…

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How does indefiniteness apply to design patent claims?

Indefiniteness in design patent claims is addressed in MPEP 1504.04. The section states: “A claim is indefinite when it is unclear what design applicant is claiming.” This can occur in several ways: When the claim language is vague or ambiguous When the drawings are inconsistent or unclear When there’s a discrepancy between the claim and…

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