What does "independent" refer to in the context of claim construction?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

In the context of claim construction, "independent" refers to claims that are unconnected in design or operation. Independent claims are asserted to stand alone and do not depend on or rely on the details of other claims, such as any intervening limitations that may be included in dependent claims.

When a claim is described as independent, it typically means that it outlines a complete invention on its own without requiring additional context or modifications provided in other claims. This distinction is vital during patent examination and litigation, as independent claims establish the baseline of patent protection without needing further elaboration, allowing for clearer interpretations regarding what is being claimed and what constitutes infringement.

Other descriptions, such as being connected by function or covering the same invention, misrepresent the nature of independent claims. Independent claims specifically lack such connections, making option C the definitive choice for accurately understanding what "independent" signifies in patent claims.

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