MPEP 2173.03 – Specification – Claims relationship

Chapter 2100 – Patentability

Chapter 2173.03 – Correspondence Between Specification and Claims

37 CFR 1.75(d)(1) – The claim or claims must conform to the invention as set forth in the remainder of the specification and the terms and phrases used in the claims must find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description.

What is key here is that the claims must have clear support/antecedent basis in the applicant’s specification. A person of ordinary skill in the art should be able to ascertain claim term meanings by simply consulting the specification. When support is lacking, the specification may be objected to. See MPEP § 608.01(o) and MPEP § 2181, subsection IV.

A claim may be considered indefinite if there is an inconsistency between the claimed subject matter and applicant’s specification, even if the claim appears to be clear on its face.


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