How can a treatment or prophylaxis limitation qualify for consideration in Step 2A Prong Two?
For a treatment or prophylaxis limitation to qualify for consideration in Step 2A Prong Two, it must meet certain criteria. According to MPEP 2106.04(d)(2): “Examiners should keep in mind that in order to qualify as a ‘treatment’ or ‘prophylaxis’ limitation for purposes of this consideration, the claim limitation in question must affirmatively recite an action…
Read MoreWhat factors are considered when evaluating a treatment or prophylaxis limitation in Step 2A Prong Two?
According to MPEP 2106.04(d)(2), there are three main factors to consider when evaluating a treatment or prophylaxis limitation in Step 2A Prong Two: The particularity or generality of the treatment or prophylaxis: The limitation must be “particular,” i.e., specifically identified so that it does not encompass all applications of the judicial exception(s). Whether the limitation(s)…
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