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Clarity and conciseness of claims (Section 25(5)(b))

Lack of antecedent

5.59 Lack of antecedent arises where a definition refers to a previously undefined term, for example:

“A device for cracking nuts consisting of a cup shaped base and a striker element, said lever tripping the hammer at timed intervals.”

5.60 In this claim, there are no proper antecedents for “said lever” and “the hammer”. In general, an objection for lack of clarity should be taken when the person skilled in the art would be unable to determine the scope of the claim.