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5 Written questions

5 Matching questions

  1. What are the three requirements of section 112, first paragraph?
  2. Does disclosure of less than the best mode invalidate a parent?
  3. Changes to the Scope of the Claim
  4. When do claims that involve trademarks lead to indefiniteness?
  5. What 5 categories will the USPTO consider to determine whether the claims do or do not meet the section 112, 2nd paragraph requirements?
  1. a 1) written description of the invention
    2) enablement
    3) best mode of carrying out invention
  2. b 1) Claim Terminology
    2) Consistency with Specification or Prior Art
    3) Breath of Scope
    4) Lack of Antecedent Basis
    5) Product and Process
  3. c Broadening or narrowing the breadth of the claim limitations or altering a numerical range limitation after the application has been filed often results in failure to meet the written description requirement.
  4. d 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
  5. e Disclosure of less than the best mode does not invalidate a parent as long as the inventor as the time of the application did not know of the better method or did not recognize its superiority.

5 Multiple choice questions

  1. only evidence of concealment is relevant. Concealment need not be intentional. For example, the quality of the applicant's best mode may be so poor as to effectively result in concealment.
  2. 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.
  3. The claims must particularly point out and distinctly define the metes and bounds of the subject matter that will be protected by the patent.
  4. 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. 1) keep exemplary language (specific examples) and preferences out of the claim language and limit them to the specifications.

5 True/False questions

  1. Fails the Utility RequirementThe claims must particularly point out and distinctly define the metes and bounds of the subject matter that will be protected by the patent.

          

  2. What are the two requirements for 35 USC 112, 2nd paragraph?1) written description of the invention
    2) enablement
    3) best mode of carrying out invention

          

  3. Written DescriptionMakes 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. Does the disclosure need to point out which of the embodiment is considered best?No, as long as it is among those disclosed

          

  5. What two factual inquiries are to be made in determining whether a specification satisfies the best mode requirement?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.