How are statements of intended use in the preamble treated?
Statements of intended use in the preamble are evaluated to determine if they result in a structural or manipulative difference between the claimed invention and the prior art. As stated in MPEP 2111.02:
“During examination, statements in the preamble reciting the purpose or intended use of the claimed invention must be evaluated to determine whether or not the recited purpose or intended use results in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art.”
If the intended use results in a difference, it may serve to limit the claim. However, if the body of the claim fully sets forth all limitations, and the preamble merely states the purpose or intended use, it is generally not considered a limitation.
It’s important to note that a prior art structure capable of performing the intended use meets the claim, even if it wasn’t specifically designed for that use.
To learn more: