Patent Claims Flashcards
7 cards from real Patent Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Patent Claims flashcards as text
A product-by-process claim is novel only if:
Answer: The product itself is novel compared to the prior art
Product-by-process claims are patentable only if the resulting product is novel and nonobvious, regardless of whether the process is new.
Which of the following claim terms would most likely be found indefinite?
Answer: Optimum temperature
'Optimum' is a purely subjective and relative term that fails to define a clear boundary and would likely be found indefinite under § 112(b).
Under 35 U.S.C. § 101, which of the following is NOT patent-eligible subject matter?
Answer: A mathematical formula in the abstract
Abstract mathematical formulas, laws of nature, and natural phenomena are judicial exceptions to § 101 patent eligibility when claimed in the abstract.
When a claim recites 'at least one of A, B, and C,' what does this phrase mean?
Answer: At least one from the group of A, B, or C must be present
'At least one of A, B, and C' means at least one member selected from the group consisting of A, B, and C.
A claim limitation using the term 'about' is generally considered:
Answer: Acceptable if the specification or art gives it a reasonable meaning
'About' is an acceptable approximation term when the intrinsic record or field of art gives those skilled in the art a clear understanding of the range intended.
Which of the following is a proper single dependent claim format?
Answer: The composition of claim 1, wherein X is red
37 C.F.R. § 1.75(c) requires a dependent claim to refer to a single preceding claim by number and include all its limitations.
When an applicant amends a claim to overcome a prior art rejection and the amendment narrows claim scope, this may create prosecution history estoppel that limits the doctrine of equivalents by:
Answer: Creating a presumption of surrendering equivalents related to the narrowing amendment
Under Festo Corp. v. Shoketsu, a narrowing amendment creates a presumption of surrender of equivalents for the subject matter between the original and amended claim.
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