MPEP Ch. 2100

Question 1

MPEP Ch. 2100

Answer 1

Patentability

Question 2

101

Answer 2

A claim must be limited to a particular practical application.
Factors to be considered include:
(1) whether the method involves or is executed by a particular machine or apparatus;
(2) whether the machine or apparatus implements the steps of the method;
(3) whether its involvement is extrasolution activity or a Field-of-use (i.e., the extent to which or how the machine or apparatus imposes meaningful limits on the execution of the claimed method steps)
(4) whether performance of the claimed method results in or otherwise involves a transformation.
Electronic data has been found to transform when the nature of the data has been changed such that it has a different function or is suitable for a different use.

Question 3

Printed Publications

Answer 3

Available to public is key.
Day a work its indexed. Day after something is mailed to public, usually (must be received by one member of public). Orally presented paper if written copies are available without restriction. Routine business practices can show date of availability.

Question 4

Genus Species Situation

Answer 4

A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus.

Question 5

112(a) requirements

Answer 5

(1) written description of the invention;
(2) enablement;
(3) best mode
As of filing date.