What is the legal basis for rejecting omnibus claims?
The legal basis for rejecting omnibus claims is primarily 35 U.S.C. 112(b), which requires patent claims to particularly point out and distinctly claim the subject matter of the invention. According to MPEP 2173.05(r):
“This claim should be rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, because it is indefinite in that it fails to point out what is included or excluded by the claim language.”
The MPEP also references a specific case: “See Ex parte Fressola, 27 USPQ2d 1608 (Bd. Pat. App. & Inter. 1993), for a discussion of the history of omnibus claims and an explanation of why omnibus claims do not comply with the requirements of 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(R) - Omnibus Claim,
Patent Law,
Patent Procedure