What legal cases support the policy against rejecting claims for aggregation?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. The policy against rejecting patent claims for aggregation is supported by two key legal cases cited in MPEP 2173.05(k) : In re Gustafson, 331 F.2d 905, 141 USPQ 585 (CCPA 1964) : This case established that “an applicant is entitled to know whether the claims are being rejected under 35 U.S.C. 101, 102, 103, or 112.” In re Collier, 397 F.2d 1003, 1006, 158 USPQ 266, 268 (CCPA 1968) : This case explicitly stated that “a rejection for ‘aggregation’ is non-statutory.” These cases form the legal basis for the USPTO’s policy against using aggregation as a ground for rejecting patent claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims Not to Be Rejected on Aggregation Grounds MPEP 2173.05(k) Recommended Claims Must Include All Essential Elements MPEP 2173.05(k) Claims Must Particularly Point Out and Distinctly Claim the Invention MPEP 2173 Required Claims Must Particularly Point Out and Distinctly Claim the Invention MPEP 2173 Definiteness Requirement for Claims MPEP 2173 Required Claim Must Be Definite Under Section 112(b) MPEP 2173 Claims Must Be Clear and Definite MPEP 2173 Requirement for Clear Claim Language MPEP 2173 Permitted Claims Must Clearly Define Boundaries MPEP 2173 Required Requirement for Clear Claim Boundaries MPEP 2173 Required Other Related FAQs 5 FAQs Collapse How does the concept of &#8220;essential elements&#8221; relate to patent claim rejections? What should patent examiners consider instead of aggregation when evaluating claims? What is the significance of the term &#8220;aggregation&#8221; in patent law? What is the USPTO&#8217;s stance on rejecting patent claims for &#8220;aggregation&#8221;? When should an examiner make a rejecti...