Following stakeholder nomination, USPTO designates as informative an appeal decision addressing Markush groupings
In this decision, the Board reversed an Examiner's rejection of claims for reciting improper Markush groupings.
Published: 2026-08-25
Ex parte Chowdhury, Appeal 2025-002261 (PTAB Feb. 5, 2026) (informative)
In this decision, the Board reversed an Examiner's rejection of claims for reciting improper Markush groupings. The decision holds that a Markush grouping is proper if it recites members of a subgenus and the specification describes those recited members as performing similar functions in the context of the invention.
This decision was nominated for designation by a USPTO stakeholder.
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