How should examiners analyze variant embodiments within the scope of a claim?
Examiners should carefully analyze claims to recognize variant embodiments that may not be explicitly disclosed in the application but fall within the claim’s scope. The MPEP provides guidance on this process:
“Frequently, a claim includes within its breadth or scope one or more variant embodiments that are not disclosed in the application, but which would anticipate or render obvious the claimed invention if found in a reference. The claim must be so analyzed and any such variant encountered during the search should be recognized.”
To aid in this analysis, examiners may sketch or diagram the subject matter defined by the claim, especially for apparatus claims. This visual representation can help identify the full breadth of the claim and potential variants.
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