How does the USPTO handle applications where a generic claim is found allowable?
When a generic claim is found allowable in a patent application, the USPTO follows specific procedures as outlined in MPEP 808.01(a):
“In all applications where a generic claim is found allowable, the application should be treated as indicated in MPEP § 809 and § 821.04(a).“
This means that when a generic claim is allowable, the examination is expanded to include all species within the scope of that generic claim. The examiner will consider all claims to additional species as dependent on the allowable generic claim. This process ensures that all patentable species covered by the allowable generic claim are properly examined and included in the potential patent grant.
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