I mean scope in the programming sense, not the claim scope sense.
For example, if I have claims like:
- The system comprising an A.
- The system of claim 1, wherein the A includes a B.
Clearly, if the next dependent claim depends on 2, it inherits "the" from B:
- The system of claim 2, wherein the B includes a C.
But what about another dependent claim that depends on the independent claim? Does it inherit "the" from another dependent claim, in a different branch of the claim tree?
For example, which is correct for the next dependent claim?
- The system of claim 1, wherein the A includes a B and an X.
- The system of claim 1, wherein the A includes the B and an X.