What is the difference between “adapted to” and “capable of” in patent claims according to MPEP 2111.04?
MPEP 2111.04 does not explicitly differentiate between “adapted to” and “capable of” in patent claims. However, the guidance provided for “adapted to” can be applied to understand the difference:
MPEP 2111.04 states:
“The court noted that an intended use or purpose usually will not limit the scope of the claim because such statements usually do no more than define a context in which the invention operates.”
Generally, “adapted to” implies a specific modification or design for a particular purpose, while “capable of” might suggest a broader ability without necessarily implying specific modifications. However, the actual interpretation would depend on the context of the claim and the specification.
To learn more:
Topics:
Adapted For
And Contingent Clauses
MPEP 2100 - Patentability
MPEP 2111.04 - "Adapted To
Patent Law
Patent Procedure
Whereby
Wherein