How does the examiner determine if a Markush claim is allowable?
How does the examiner determine if a Markush claim is allowable? To determine if a Markush claim is allowable, the examiner follows these steps: Examines the elected species for patentability If the elected species is not allowable, rejects the Markush claim If the elected species is allowable, examines the Markush claim for full scope of…
Read MoreWhat is the “upon finding allowable subject matter” rule in Markush claim examination?
The “upon finding allowable subject matter” rule in Markush claim examination refers to the process where an examiner, upon finding allowable subject matter, extends the search to all members of the Markush group. This is explained in MPEP 803.02: “If the examiner determines that the elected species is allowable, the examination of the Markush claim…
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