Patent Claims Flashcards

Which claim type must reference another claim and further limit it?

Answer: Dependent claim

A dependent claim must reference a prior claim and further limit the subject matter of that claim.

Under 35 U.S.C. § 112(f), a means-plus-function claim limitation is construed to cover:

Answer: Only the structure disclosed in the specification and its equivalents

§ 112(f) limits means-plus-function claims to the corresponding structure described in the specification and its structural equivalents.

A claim that recites 'the device of claim 1, wherein the widget is red' is an example of:

Answer: A single dependent claim

A single dependent claim depends from exactly one prior claim and adds a further limitation.

Which transitional phrase results in the BROADEST claim scope?

Answer: Comprising

'Comprising' is an open-ended transitional phrase that does not exclude additional unrecited elements.

A claim is rejected under 35 U.S.C. § 112(b) when it is:

Answer: Not particularly pointing out and distinctly claiming the invention

§ 112(b) requires claims to particularly point out and distinctly claim the subject matter, and failure to do so is an indefiniteness rejection.

What is the maximum number of independent claims that can be included in an application without incurring excess claim fees?

Answer: 3

USPTO fees allow up to 3 independent claims and 20 total claims without additional excess claim fees.

In a Jepson claim, the preamble recites:

Answer: The prior art elements and improvements follow 'wherein the improvement comprises'

A Jepson claim format acknowledges prior art in the preamble and introduces the novel improvement after 'wherein the improvement comprises.'