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For example, claims:

1/ A table has 100 legs

2/ The table of claim 1, and having one golden leg

3/ The table of claim 2, and having one diamond leg

Is claim 3 a multiple dependent claim? Because IMO, it is based on two other claims, or is it just a dependent claim?

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1 Answer 1

up vote 1 down vote accepted

No, that's just a second-level dependent claim. A multiple dependent claim is "[a]ny dependent claim which refers to more than one other claim" in the alternative.

37 C.F.R. 1.75(c):

Any dependent claim which refers to more than one other claim (“multiple dependent claim”) shall refer to such other claims in the alternative only. A multiple dependent claim shall not serve as a basis for any other multiple dependent claim.

For example, claim 3 would be a multiple dependent claim because it depends on either claim 1 or claim 2.

  1. A table comprising 100 legs.
  2. The table of claim 1, wherein at least one leg is a golden leg.
  3. The table of claims 1 or 2, wherein at least one leg is a diamond leg.
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