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[markpatterson]

Hi all,

1) Say I have a Markush with a group like the following: '...a X, a Y on said X, ....'
Is this ok? Namely that I reference X after it has been introduced. Obviously in a normal claim if I introduce 'a X' I can later say 'said X' but I want to make sure that I can refer to 'said X' inside the Markush.

2) Say I have a markush with a group like the following: '...a X, a Y, ..., and Z'

can I reference these items outside of the markush? For example

[Claim]

"....a group... a X, a Y,..., and Z.... said X....'


Thanks in advance,
Mark

[klaviernista]

Case 1:  A component comprising element X, wherein X is selected from the group consisting of: A, wherein A comprises E and F; B and C . . . ." Permissible, but note the Examiner will only have to find elements E and F if he/she is applying a reference that includes A. 

Case 2:  A component comprising element A, wherein A is selected from the group consisting of X, Y, and Z, wherein X comprises . . . ."  Also permissible, with the same caveat stated above.  That is, the limitations to X will only apply where an examiner applies a reference that discloses X.