Can a Markush claim be rejected for having an improper Markush grouping?
Yes, a Markush claim can be rejected for having an improper Markush grouping. According to MPEP 803.02: “If the Markush grouping was improper, a rejection on the basis of there being an improper Markush grouping should be made as described in MPEP § 2117.” An improper Markush grouping exists when the alternatives defined by the…
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