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Justin E. Gray

IP Litigation Attorney at Foley & Lardner LLP

Former Adjunct Professor at Northwestern University School of Law

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Wednesday
Nov232011

Definiteness of Using "Comprising" in a Dependent Claim and "Is One Of" in an Independent Claim

Ex parte Fauget (BPAI Nov. 9, 2011)

The All Things Pros blog has posted an analysis of a recent BPAI decision concerning the definiteness of a dependent claim that used the transitional phrase "comprising" when the related independent claim used the transitional phrase "is one of."  The Examiner had rejected the dependent claim as indefinite because the Examiner believed the claim contradicted the independent claim.  The BPAI reversed the Examiner's rejection.

The article and corresponding analysis of the decision can be found here.