In re Kiely

A Markush grouping that requires selection from an open list of alternatives, such as a group introduced by the open-ended word 'comprising,' is indefinite because it is unclear what other alternatives the claim is intended to encompass.

Written by

A language model, from how the MPEP uses this case rather than from the opinion.

Confidence

high — self-reported, not calibrated against a measured error rate

Human review

Not reviewed by a person

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