How does MPEP 2112.01 address material or article worked upon by apparatus?
How does MPEP 2112.01 address material or article worked upon by apparatus?
MPEP 2112.01 provides guidance on how to treat claims involving materials or articles worked upon by an apparatus. The manual states:
“The materials or articles worked upon by the apparatus do not limit apparatus claims.”
This principle is important for patent examiners and applicants dealing with apparatus claims. It means that the specific materials or articles that an apparatus works on are not considered limiting factors for the patentability of the apparatus itself.
The MPEP further explains:
“Claim analysis is highly fact-dependent. A claim is only limited by positively recited elements. Thus, ‘[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.'”
This guidance emphasizes that the focus should be on the structure and capabilities of the apparatus itself, rather than the materials it might process. When examining apparatus claims, patent examiners should consider the structural elements and functional capabilities of the apparatus, not the specific materials it might be used with.
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