How does prolixity in patent claims relate to indefiniteness?
Prolixity in patent claims is closely related to indefiniteness, which is a ground for rejection under 35 U.S.C. 112(b). According to MPEP 2173.05(m), claims are considered prolix when they are so wordy or contain so many unnecessary details that “the scope of the claimed invention is rendered indefinite thereby.”
When a claim is prolix, it becomes difficult or impossible to determine the metes and bounds of the invention. This lack of clarity in defining the scope of protection sought makes the claim indefinite. Essentially, prolixity can lead to indefiniteness by obscuring the true boundaries of the claimed invention, making it challenging for others to understand what would constitute infringement.
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Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(M) - Prolix,
Patent Law,
Patent Procedure