This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, inherent components of elements recited in a claim can have antecedent basis without explicit mention. The MPEP 2173.05(e) provides an example:
“Inherent components of elements recited have antecedent basis in the recitation of the components themselves. For example, the limitation ‘the outer surface of said sphere’ would not require an antecedent recitation that the sphere has an outer surface.”
This principle is supported by case law, such as Bose Corp. v. JBL, Inc., where the court held that “an ellipse” provided antecedent basis for “an ellipse having a major diameter” because a major diameter is an inherent characteristic of an ellipse.