How are non-elected claims handled after a Board decision?

When handling non-elected claims after a Board decision: If elected claims are in condition for allowance, non-elected claims should be considered for rejoinder. If the Board reverses all rejections of a generic claim, pending claims drawn to non-elected species must be acted upon. Exception: If the examiner reopens prosecution with a new ground of rejection…

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What is a generic claim in patent law?

A generic claim in patent law is a claim that covers multiple species or embodiments of an invention. According to MPEP 806.04(d), “In general, a generic claim should require no material element additional to those required by the species claims, and each of the species claims must require all the limitations of the generic claim.“…

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What is a “generic claim” in patent applications?

A generic claim in patent applications is a claim that encompasses a broad group of inventions or species. According to MPEP 806.04: “A generic claim should comprehend the subject matter of possible species claims, and is necessarily broader in scope than the species claims.” Generic claims are important because they provide broader protection for an…

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