How are Jepson claims treated in relation to prior art admissions?
Jepson claims, which are formatted according to 37 CFR 1.75(e), are generally treated as implied admissions that the subject matter in the preamble is prior art. As stated in MPEP 2129: “Drafting a claim in Jepson format (i.e., the format described in 37 CFR 1.75(e); see MPEP § 608.01(m)) is taken as an implied admission…
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