What is the difference between structural elements and material worked upon in patent claims?
In patent claims, particularly apparatus claims, it’s crucial to distinguish between structural elements and material worked upon. MPEP 2115 provides guidance on this distinction:
Claim analysis is highly fact-dependent. A claim is only limited by positively recited elements.
Structural elements are the physical components that make up the claimed apparatus. These are the positively recited elements that define the structure and function of the invention. On the other hand, material worked upon refers to the substances or articles that the apparatus processes or interacts with during its operation.
The key difference is that structural elements are part of the apparatus itself and generally impart patentability, while material worked upon typically does not limit the scope of an apparatus claim or impart patentability. However, if the material worked upon imparts a structural limitation or functionally affects the apparatus, it may be considered in determining patentability.
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