What is the current basis for evaluating patent claims that might have previously fallen under the Old Combination principle?
The current basis for evaluating patent claims that might have previously fallen under the Old Combination principle is their compliance with statutory requirements, particularly 35 U.S.C. 112(b). The MPEP 2173.05(j) states: “Claims should be considered proper so long as they comply with the provisions of 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.”…
Read More