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5 Written questions

5 Matching questions

  1. 35 USC 112, 6th paragraph
  2. What are the six terms that are scrutinized by the USPTO for their exact meaning relative to the invention?
  3. What two factual inquiries are to be made in determining whether a specification satisfies the best mode requirement?
  4. What are the two requirements for 35 USC 112, 2nd paragraph?
  5. Fails the Utility Requirement
  1. a 1) about
    2) essentially
    3) similar
    4) substantially
    5) type
    6) relatively
  2. b 1) The claims must set forth the subject matter the applicants regard as their inventions
    2) The claims must particularly point out and distinctly define the metes and bounds of the subject matter that will be protected by the patent.
  3. c 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.
  4. d An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
  5. e 1) there must be a subjective determination as to whether at the time the application was filed, the inventor knew of a best mode of practicing the invention.
    2) if the inventor had a best mode of practicing the invention in mind, there must be an objective determination as to whether that best mode was disclosed in sufficient detail to allow one skilled in the art to practice it.

5 Multiple choice questions

  1. A specific example is not required to fulfill the requirement - a preferred range of conditions, for instance, may be adequate
  2. A Markush group which is a way of limiting claim to the members of the group of individual elements (e.g., members "selected from the group consisting of A, B and C") is definite. [A Markush group is a way of limiting a group to a set of individual elements. A markush group is used when a genus can be defined as a group that consists of particular individuals. It's a special/alternate way of expression that selects from a group "consisting of A, B and C" (closed-ended transition phrase). This wording is used (for among other reasons) to identify elements with a common trait, and the exact language must be used.]
  3. A claim should not be rejected on the ground of "aggregation. (an applicant is entitled to know whether the claims are being rejected under 35 U.S.C. 101, 102, 103, or 112.
  4. - Trademarks or trade names identify the source of goods, not the goods themselves. Trademarks can be used in the claim language [MPEP 608.01(v)].
  5. 1) Rewording
    2) Making inherent function explicit
    3) making explicit material incorporated by reference not new matter

5 True/False questions

  1. Omnibus claimsA Markush group which is a way of limiting claim to the members of the group of individual elements (e.g., members "selected from the group consisting of A, B and C") is definite. [A Markush group is a way of limiting a group to a set of individual elements. A markush group is used when a genus can be defined as a group that consists of particular individuals. It's a special/alternate way of expression that selects from a group "consisting of A, B and C" (closed-ended transition phrase). This wording is used (for among other reasons) to identify elements with a common trait, and the exact language must be used.]

          

  2. What are exceptions for numerical ranges that do not raise an issue of definiteness?1) if they are used in a limitation intended as a description of a material
    2) their use cases confusion as to the scope of the claims

          

  3. Requires undue ExperimentationMakes 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.

          

  4. Claim TerminologyApplicants can use whatever terms they chose for defining their invention in the claims, so long as those terms are not used in ways contrary to accepted meanings in the art. ("Oval" cannot be defined as trapezoidal.).
    The use of relative terms in claims is a factual and subjective test, not an objective test.

          

  5. An application may face a section 112 paragraph 1 lack of enablement rejection if any of which three conditions are met?1) keep exemplary language (specific examples) and preferences out of the claim language and limit them to the specifications.

          

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