608.01(n) Dependent Claims

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608.01(n) Dependent Claims

Claim Form and Arrangement

MPEP 608.01(n)(IV), titled "Claim Form and Arrangement" states that "A claim which depends from a dependent claim should not be separated therefrom by any claim which does not also depend from said 'dependent claim.' It should be kept in mind that a dependent claim may refer back to any preceding independent claim." This requirement appears to have no legal basis (and none is stated), and in my experience, is not enforced. ...more »

Submitted by (@mikehaynes)

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608.01(n) Dependent Claims

Infringement test

The infringement test for a proper dependent claim in MPEP 608.01(n) III states that the test for a proper dependent claim is that it will not conceivably be infringed by anything which would not also infringe the basic claim. However 35 U.S.C. 112, fourth paragraph states that a dependent claim shall specify a further limitation of the subject matter claimed. There is tension between the infringement test which does ...more »

Submitted by (@johnbrusca)

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