Today in Shaw Indus. Grp., Inc. v. Automated Creel Sys., Inc., __ F.3d __ (Fed. Cir. 2016)(Moore, J.), the Court provides added implicit support for reintroduction of “undue multiplicity” as basis to limit the number of claims under active consideration during ex parte patent prosecution.
“Undue Multiplicity as Basis to Limit the Number of Active Claims”: The captioned paper (attached) considers the reintroduction of “undue multiplicity” to patent practice to control the presentation of an undue number of claims. It is entirely unreasonable to permit an applicant to present, say, 200 claims when at most five or six would provide all the possible coverage necessary for the applicant.