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2173.05(k) Aggregation [R-1] - 2100 Patentability
2173.05(k) Aggregation [R-1]
**>A claim should not be rejected on the ground of "aggregation." In re Gustafson, 331 F.2d 905, 141 USPQ 585 (CCPA 1964) (an applicant is entitled to know whether the claims are being rejected under 35 U.S.C. 101, 102, 103, or 112); In re Collier, 397 F.2d 1003, 1006, 158 USPQ 266, 268 (CCPA 1968) ("[A] rejection for 'aggregation' is non-statutory.").
If a claim omits essential matter or fails to interrelate essential elements of the invention as defined by applicant(s) in the specification, see MPEP § 2172.01.<
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