What is the role of “reasonable interpretation” in making a prima facie case of equivalence?
What is the role of “reasonable interpretation” in making a prima facie case of equivalence? In making a prima facie case of equivalence, the examiner must use “reasonable interpretation” of the claim language. The MPEP states: “The examiner must apply to the questioned claim element reasonable interpretation of the claim language, including consideration of the…
Read MoreWhat is the significance of In re Kelly in understanding double inclusion?
The case of In re Kelly is significant in understanding the approach to double inclusion in patent claims. The MPEP 2173.05(o) cites this case to emphasize that there is no absolute rule against double inclusion. The MPEP quotes In re Kelly as follows: “Automatic reliance upon a ‘rule against double inclusion’ will lead to as…
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