Monthly Archives: May 2011

Proper Rejection of Mixed Patent Claim Types

Recently, I received a rejection based on “mixing claim types” where the Examiner asserted that one of my claims had language for both a method and a system. Sure enough, I could see his point. Under MPEP 2173.05(p), an apparatus claim including method steps is non-statutory. Under section (I), a product-by-process claim is proper and […]

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