How does the manner of operating a device affect apparatus claims?
The manner of operating a device generally does not differentiate an apparatus claim from the prior art. As stated in MPEP 2114:
“[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original).
This means that if a prior art device has all the structural limitations of the claimed apparatus, the manner in which the device is intended to be used does not differentiate it from the prior art. The focus is on the structure of the device, not its operation.
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Topics:
MPEP 2100 - Patentability,
MPEP 2114 - Apparatus And Article Claims — Functional Language,
Patent Law,
Patent Procedure