Searching for Mpep Negative Limitation Support information? Find all needed info by using official links provided below.
https://www.uspto.gov/web/offices/pac/mpep/s2173.html
MPEP § 2173.05 provides numerous examples of rationales that may support a rejection under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, such as functional claim limitations, relative terminology/terms of degree, lack of antecedent basis, etc. Only by providing a complete explanation in the Office action as to the basis for determining why a particular term or phrase used in the claim is …
https://bitlaw.com/source/mpep/2173_05_i.html
The mere absence of a positive recitation is not basis for an exclusion. Any claim containing a negative limitation which does not have basis in the original disclosure should be rejected under 35 U.S.C. 112 (a) or pre-AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement.
https://www.wysebridge.com/mpepsim/searchism/source/mpep/2173_05_i.html
MPEP 2173.05(i) Negative Limitations This is the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015. ... a negative limitation may not be sufficient to establish a prima facie case for lack of descriptive support. Ex parte Parks, 30 USPQ2d 1234, 1236 (Bd. Pat. App. & Inter. 1993).
http://www.mpep.patentbargroup.com/html/2100_2173_05_i.htm
2173.05(i) Negative Limitations. The current view of the courts is that there is nothing inherently ambiguous or uncertain about a negative limitation. So long as the boundaries of the patent protection sought are set forth definitely, albeit negatively, the claim complies with the requirements of 35 U.S.C. 112, second paragraph.
https://www.patentspostgrant.com/cafc-weighs-in-on-negative-claim-limitation-support/
Nov 17, 2015 · Negative claim limitations are adequately supported when the specification describes a reason to exclude the relevant limitation. Such written description support need not rise to the level of disclaimer. In fact, it is possible for the patentee to support …
https://www.greyb.com/negative-claim-limitation-sounds-positive-now/
Below is the argued negative limitation in Representative claim 1 (Source): Inphi then appealed to the Patent Trial and Appeal Board (PTAB), alleging the negative limitation not to be supported by the description. Apparently, this appeal got rejected, and Inphi requested for a …
http://www.hultquistip.com/files/negative_claims.pdf
This MPEP section states, however, that a negative limitation may be rejected on 35 USC 112 grounds. Although the use of negative limitations is permissible, claims which include them often do not survive rejection by Examiners and frequently fail on appeal.
https://patentlyo.com/patent/2013/07/written-description-showing-possession-of-a-negative-limitation.html
Most negative limitations narrow the scope of the claim — the subject matter embraced by the claim is reduce by the negative limitation, and those kinds of negative limitations should be allowed. The Bimeda situation was the unusual exception of a negative limitation having a broadening effect.
https://www.uspto.gov/web/offices/pac/mpep/s2163.html
Cir. 2007) (citing MPEP § 2163.04 which provides that a “simple statement such as ‘applicant has not pointed out where the new (or amended) claim is supported, nor does there appear to be a written description of the claim limitation ‘___’ in the application as filed’ may be sufficient where the claim is a new or amended claim, the support for the limitation is not apparent, and applicant has not pointed …
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