What is the “single structural similarity” requirement for Markush groups?
What is the “single structural similarity” requirement for Markush groups? The “single structural similarity” requirement for Markush groups refers to a common structure or feature shared by all members of the group. According to MPEP 2117, this requirement is essential for a proper Markush grouping: “Members of a Markush group share a ‘single structural similarity’…
Read MoreWhat is a proper Markush grouping?
A proper Markush grouping, as defined in MPEP 803.02, must meet two criteria: The members of the Markush group share a “single structural similarity” The members share a common use The MPEP cites the Supplementary Guidelines, which state: “Where a Markush grouping describes part of a combination or process, the members following ‘selected from the…
Read MoreCan a Markush claim be rejected for having an improper Markush grouping?
Yes, a Markush claim can be rejected for having an improper Markush grouping. According to MPEP 803.02: “If the Markush grouping was improper, a rejection on the basis of there being an improper Markush grouping should be made as described in MPEP ยง 2117.” An improper Markush grouping exists when the alternatives defined by the…
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