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5 Written questions

5 Matching questions

  1. Lack of Antecedent Basis
  2. What is the definiteness requirement?
  3. Can a failure to disclose the best mode in the original application be rectified by an amendment?
  4. What are the three requirements of section 112, first paragraph?
  5. Omnibus claims
  1. a References in a claim to, for example, "said lever" or "the lever" when there is no previous reference in the claim to a lever creates uncertainty as to what the claim is referring to. A lack of antecedent basis results in indefiniteness, unless the scope of the claim could be reasonably ascertained by a skilled artisan.
  2. b 1) written description of the invention
    2) enablement
    3) best mode of carrying out invention
  3. c Omnibus claims which read "a device substantially as shown and describes" are indefinite. These claims are not allowed in the US because they do not express the metes and bounds of the claim.
  4. d The claims must particularly point out and distinctly define the metes and bounds of the subject matter that will be protected by the patent.
  5. e No, an amendment cannot rectify a failure to disclose

5 Multiple choice questions

  1. Makes clear what the applicant invented and who actually created the invention. Description should clearly allow persons of ordinary skill in the art to recognize that he or she invented what is claimed.
  2. Relationship of enablement to the utility requirement: If a claim is not useful or inoperative (i.e., fails to meet the utility requirement) it necessarily fails to meet how-to-use requirement of enablement because the specification cannot show how to use a useless invention.
  3. claims should be as self-contained as possible and should not reference tables and figures unless necessary.
  4. 1) Claim Terminology
    2) Consistency with Specification or Prior Art
    3) Breath of Scope
    4) Lack of Antecedent Basis
    5) Product and Process
  5. Claims to a process that do not include any steps to be taken in carrying out the process are usually held to be indefinite. For example, a claim to "a process for using X of claim 4 to isolate and purify Y" was found indefinite because it recites a use without giving steps for how the use is practiced.

5 True/False questions

  1. Breadth of ScopeThe best mode requirement is intended to ensure that the inventor does not disclose less than the most desirable form of his invention. The examiner should assume that the best mode is in fact disclosed, unless evidence arises to the contrary.


  2. Changes to the Scope of the ClaimThe scope of the claims must be defined clearly under section 112, 2nd paragraph. (It is not the breadth of the scope, but whether that scope is clearly defined that matters to a sections 112, 1st paragraph issue.)


  3. What should be done when an invention cannot be defined in words?It is acceptable to incorporate tables and figures


  4. The following quotation is an example of what?For claims to be entitled to the filing date of an earlier application, the description of their subject matter must meet ยง112, paragraph 1 requirements.


  5. What evidence is considered in determining the the adequacy of disclosure for compliance with the best mode requirement?1) Claim Terminology
    2) Consistency with Specification or Prior Art
    3) Breath of Scope
    4) Lack of Antecedent Basis
    5) Product and Process


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