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 § 2117.” An improper Markush grouping exists when the alternatives defined by the…
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