What 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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