Sunday, February 25, 2018

Markush groups and transitional phrases

Ex parte Dotter, 12 USPQ 382 (Bd. App. 1931), cited in MPEP §2173.05(h), holds that it is improper to employ the term "comprising" instead of "consisting of" with respect to a Markush group. The use of "comprising" to introduce the Markush group is open-ended and indefinite.


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