Does additional elements in the claim body not mentioned in the preamble cause indefiniteness?
No, the presence of additional elements in the body of a claim that are not mentioned in the preamble does not automatically render the claim indefinite. The MPEP 2173.05(e) clarifies:
“The mere fact that the body of a claim recites additional elements which do not appear in the claim’s preamble does not render the claim indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.”
This principle is supported by case law, such as In re Larsen, where the court held that the totality of all claim limitations and their interaction must be considered to determine the inventor’s contribution to the art. As long as the claim as a whole clearly defines the invention’s scope, it can be considered definite even if some elements are only mentioned in the body.
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