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Where the title of the invention is not specific to the invention as claimed, see MPEP § 606.01.
When a case is otherwise in condition for allowance the examiner may cancel an obviously nonstatutory claim such as one to "A device substantially as shown and described." Applicant should be notified of the cancellation of the claim by an examiner's amendment.
See MPEP § 821.01 and § 821.02.
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