MPEP Q&A 12: Two Separate and Distinct Requirements for 35 U.S.C. 112(b) - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2016-06-28T09:00:44
Question: What are the two separate and distinct requirements of 35 U.S.C. 112(b) or Pre-AIA 35 U.S.C. 112, second paragraph? Answer: 35 U.S.C. 112(b) or Pre-AIA 35 U.S.C. 112, second paragraph contains two separate and distinct requirements: The first one is that the claim(s) set forth the subject matter applicants regard as the invention, and The second one is that the claim(s) particularly point out and distinctly claim the invention. Chapter Details: The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability. The answer is from the 9th Edition, Revision 07.2015. Depending…
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