Q) Dependent Claim (10.03.41a)

by admin on April 9, 2010 · 3 comments

in Exam Questions

Test takers report a variation of question #41  from the October 2003 (AM) patent bar exam is in the question database


41. Assume that each claim 5 is in a different patent application. Recommend which, if any, of the following wording is in accord with the patent laws, rules and procedures as related in the MPEP for a multiple dependent claim.
(A) Claim 5. A gadget according to claims 1-3, in which …
(B) Claim 5. A gadget as in claims 1, 2, 3, and/or 4, in which …
(C) Claim 5. A gadget as in claim 1 or 2, made by the process of claim 3 or 4, in
which …
(D) Claim 5. A gadget as in either claim 6 or claim 8, in which …
(E) None of the above are proper multiple dependent claims.



ANSWER: The correct answer is (E). MPEP § 608.01(n), under the heading “B. Unacceptable Multiple Dependent Claim Wording.” Multiple dependent claims in proper form depend on preceding claims and refer to the claims from which they depend in the alternative only. Answer (A) is incorrect. See MPEP § 608.01(n), under the heading “B. Unacceptable Multiple Dependent Claim Wording,” and subheading “1. Claim Does Not Refer Back In the Alternative Only,” second example. A proper multiple dependent claim must refer back in the alternative only. Answer (B) is incorrect. See MPEP § 608.01(n), under the heading “B. Unacceptable Multiple Dependent Claim Wording,” and subheading “1. Claim Does Not Refer Back In the Alternative Only,” fifth example. A proper multiple dependent claim refers back in the alternative only. Answer (C) is incorrect. Answer (C) reproduces the example in MPEP § 608.01(n), under the heading “B. Unacceptable Multiple Dependent Claim Wording,” and subheading “3. References to Two Sets of Claims to Different Features.” A proper multiple dependent claim refers in the alternative to only one set of claims. Answer (D) is incorrect. See MPEP § 608.01(n), under the heading “B. Unacceptable Multiple Dependent Claim Wording,” and subheading “2. Claim Does Not Refer to a Preceding Claim,” second example. A proper multiple dependent claim depends only from preceding claims.

{ 3 comments… read them below or add one }

1 KillianRedNo Gravatar March 17, 2012 at 5:27 pm

Got this one 3/17/12

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2 ZNo Gravatar March 31, 2013 at 1:58 pm

VARIANT on 3/30/13. Question asked which is an improper MDC. Answer was a choice that said “one of claims 3 or 4 and one of claims 5 or 6.”

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3 RLNo Gravatar September 11, 2013 at 3:14 am

Would claim 6 be proper in this case:

Claim 1: Independent
Claim 2: Depends on 1
Claim 3: Depends on 1 or 2
Claim 4: Depends on 3
Claim 5: Depends on 4
Claim 6: Depends on 4 or 5

Since claim 6 depends on claim 4, which depends on multiple dependent claim 3, is multiple dependent claim 6 proper?

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