Patent Bar Exam Patent Claims 2

Question 1

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

Accepted Answer

Dependent claim

Answer

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

Question 2

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

Accepted Answer

Only the structure disclosed in the specification and its equivalents

Answer

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

Question 3

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

Accepted Answer

A single dependent claim

Answer

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

Question 4

Which transitional phrase results in the BROADEST claim scope?

Accepted Answer

Comprising

Answer

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

Question 5

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

Accepted Answer

Not particularly pointing out and distinctly claiming the invention

Answer

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

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