Can a Markush group include combinations or mixtures of alternatives?
Yes, a Markush group can include combinations or mixtures of alternatives, but it requires specific language to make this clear. The MPEP 2173.05(h) provides guidance on this: “If a claim is intended to encompass combinations or mixtures of the alternatives set forth in the Markush grouping, the claim may include qualifying language preceding the recited…
Read MoreHow does the MPEP distinguish between compounds and mixtures in terms of obviousness?
The Manual of Patent Examining Procedure (MPEP) makes an important distinction between compounds and mixtures when considering obviousness. MPEP 2144.02 states: “The known chemical relationship between structurally similar compounds (homologs, analogs, isomers) did not support a finding of prima facie obviousness of claimed zeolite over the prior art because a zeolite is not a compound…
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