What legal cases support the policy against rejecting claims for aggregation?
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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(K) - Aggregation,
Patent Law,
Patent Procedure