Ex parte Fressola
Board of Patent Appeals and Interferences
27 U.S.P.Q.2d 1608 (1993)
Fressola (applicant) filed a utility patent application containing a general 'omnibus' claim that simply claimed the invention as disclosed in the specification and accompanying figures, rather than reciting specific claim elements. The patent examiner rejected the claim under 35 U.S.C. § 112, ¶ 2 for failing to particularly point out and distinctly claim the subject matter Fressola regarded as his invention, and Fressola appealed the rejection to the Board.
Whether a patent applicant may satisfy the claim requirements of 35 U.S.C. § 112, ¶ 2 by merely referring back to the entirety of the specification and drawings, rather than distinctly pointing out the specific elements of the claimed invention.