What is the difference between structural and functional limitations in apparatus claims?

In apparatus claims, features can be recited either structurally or functionally. As stated in MPEP 2114: “Features of an apparatus may be recited either structurally or functionally. In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997).” Structural limitations describe the physical components of the apparatus, while functional limitations describe what…

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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…

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What is the “same article” principle in MPEP 2112.01?

What is the “same article” principle in MPEP 2112.01? The “same article” principle is explained in MPEP 2112.01 as follows: “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has…

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What is the legal standard for establishing a prima facie case of anticipation or obviousness in product and apparatus claims?

According to MPEP 2112.01(I), a prima facie case of either anticipation or obviousness is established when: The claimed and prior art products are identical or substantially identical in structure or composition, or The claimed and prior art products are produced by identical or substantially identical processes This principle is supported by the following quote from…

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What is the difference between preambles in apparatus claims vs. method claims?

The interpretation of preambles can differ between apparatus claims and method claims. The MPEP 2111.02 provides guidance on this distinction: For apparatus claims: Preambles often recite the intended use or purpose of the apparatus Generally, if the body of the claim fully and intrinsically sets forth the complete invention, the preamble is not considered a…

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