A multiplicity rejection when there are too many claims

Multiplicity (covered in 37 CFR 1.75(a)-(b)):

1.When an applicant puts forth a large number of repetitive claims that confuse the scope of the invention

instead of helping to clarify it, then a multiplicity rejection is appropriate (a form of definiteness rejection).

2.When these rejections occur, the examiner should contact the applicant and have the applicant elect

some of the claims to actually be examined. The rest of the repetitive claims will get canceled.

If the applicant refuses to choose, then the multiplicity rejection will be the next office action.

3.However: Remember, just because claims are repetitive does not make them invalid if they do not confuse issues.

A ‘double inclusion’ is not per se invalid.