ANSWER: (C) is the most correct answer. MPEP § 608.01, under the heading “Illustrations In The Specification,” states “[t]he specification, including any claims…may not contain drawings or flow diagrams.” With respect to answers (A) and (B), see MPEP § 608.01, under the heading “Illustrations In The Specification,” states, “[t]he specification, including any claims, may contain chemical formulas and mathematical equations…” As to answer (D), see MPEP § 608.01(m), which states that periods may not be used elsewhere in the claim except for abbreviations and that each claim begins with a capital letter and ends wit a period. As to (E), see MPEP § 608.01, which states, “The…claims may contain tables only if necessary to conform to 35 U.S.C. 112.”
Q) Claims may Not Contain (4.03.47a)
Question #47 from the April 2003 (AM) patent bar exam is reported by exam takers as a question in the current exam database.
47. In accordance with USPTO rules and the procedures set forth in the MPEP, claims in a patent application may not contain:
(A) chemical formulas.
(B) mathematical equations.
(C) drawings or flow diagrams.
(D) only one sentence.
(E) tables not necessary to conform with 35 USC 112.