What should patent examiners consider instead of aggregation when evaluating claims?

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.

While patent examiners should not reject claims based on aggregation, MPEP 2173.05(k) suggests that examiners should focus on other aspects of claim evaluation:

“If a claim omits essential matter or fails to interrelate essential elements of the invention as defined by applicant(s) in the specification, see MPEP § 2172.01.”

This guidance directs examiners to consider whether the claim includes all essential elements of the invention and properly interrelates them. If not, the claim may be rejected under MPEP 2172.01 for failing to claim the subject matter that the inventor regards as the invention, which is a rejection under 35 U.S.C. 112.