How can patent examiners visualize variant embodiments?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Patent examiners can visualize variant embodiments by sketching or diagramming the subject matter as defined by the claim. MPEP 904.01(a) suggests that “ For any claim capable of such treatment (e.g., a machine or other apparatus), the subject matter as defined by the claim may be sketched or diagrammed in order to clearly delineate the limitations of the claim. ” The MPEP further advises creating “ Two or more sketches, each of which is as divergent from the disclosure as is permitted by the claim ” to assist in determining the claim’s actual breadth or scope. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Sketches Must Delineate Claim Limitations MPEP 904.01(a) Permitted Sketched Variants Assist Examiner Determination MPEP 904.01(a) Required Sketches Must Delineate Claim Limitations MPEP 904.01(a) Examiner Must Consider Prior Art from Parent Application MPEP 904 Required Claim Must Include UnDisclosed Variants MPEP 904.01(a) Required Parent Applications Must Be Reviewed for Prior Art MPEP 904 Required Review of Cited Prior Art from Parent Application Required MPEP 904 Recommended Examiner Must Review File Wrapper History and PTAB Post-Grant Proceedings MPEP 904 Required Documents Cited in International Search Report Must Be Considered MPEP 904 First Search Should Cover Invention as Claimed MPEP 904 Recommended Other Related FAQs 5 FAQs Collapse Are applicants required to submit sketches of claim structure? Why is it important to consider variant embodiments during patent examination? How does considering variant embodiments affect prior art searches? What are variant embodiments within the scope of a claim? What additional classification systems should patent...