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 MoreWhat is the difference between ‘consisting of’ and ‘comprising’ in Markush groups?
The choice between ‘consisting of’ and ‘comprising’ in Markush groups is crucial as it affects the scope of the claim. According to the MPEP 2173.05(h): “A Markush grouping is a closed group of alternatives, i.e., the selection is made from a group ‘consisting of’ (rather than ‘comprising’ or ‘including’) the alternative members.” ‘Consisting of’ creates…
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