What is a rejection based on disclaimer in patent law?

A rejection based on disclaimer in patent law occurs when an applicant is considered to have disclaimed the subject matter involved. This can happen in several scenarios, as outlined in MPEP 2304.04(c): Failure to make claims suggested for interference with another application Failure to copy a claim from a patent when suggested by the examiner…

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What is the impact of prior art on CIP applications?

The impact of prior art on Continuation-In-Part (CIP) applications can be significant, especially for claims that are only supported by the CIP disclosure and not the parent application. According to MPEP 2133.01: “Any prior art disclosing the invention or an obvious variant thereof having a critical reference date more than 1 year prior to the…

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