How do transitional phrases affect the interpretation of Markush groups in patent claims?

How do transitional phrases affect the interpretation of Markush groups in patent claims? Transitional phrases can significantly impact the interpretation of Markush groups in patent claims: “Consisting of” with Markush groups: Limits the claim to only the listed members of the Markush group. “Comprising” or “including” with Markush groups: Generally interpreted as open-ended, allowing for…

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How does double inclusion affect claim indefiniteness?

Double inclusion can potentially affect claim indefiniteness, but it doesn’t automatically render a claim indefinite. According to MPEP 2173.05(o): “The facts in each case must be evaluated to determine whether or not the multiple inclusion of one or more elements in a claim gives rise to indefiniteness in that claim.” The MPEP provides examples to…

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