Is double inclusion of an element in a Markush group a basis for rejection?
Double inclusion of an element in a Markush group is not, in itself, a sufficient basis for rejection of a claim. The MPEP 2173.05(h) states: “The double inclusion of an element by members of a Markush group is not, in itself, sufficient basis for objection to or rejection of claims. Rather, the facts in each…
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