How does MPEP 2114 differentiate between apparatus claims and method claims?

MPEP 2114 provides guidance on distinguishing apparatus claims from method claims, particularly when functional language is involved. The manual states: “While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.” This means that for…

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Can method claims reference limitations from apparatus claims?

Yes, method claims can reference limitations from apparatus claims, as long as the reference is clear and does not introduce confusion. The MPEP 2173.05(f) provides an example of an acceptable reference: “A method of producing ethanol comprising contacting amylose with the culture of claim 1 under the following conditions …..” Additionally, the MPEP cites a…

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How does In re Young affect patent claim interpretation?

In re Young is another important case cited in MPEP 2115 that affects patent claim interpretation, particularly for apparatus claims. The MPEP states: In Young, a claim to a machine for making concrete beams included a limitation to the concrete reinforced members made by the machine as well as the structural elements of the machine…

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What is the significance of In re Otto in patent law?

In re Otto is a significant case in patent law, particularly for apparatus claims. According to MPEP 2115, the case established that: “[I]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963) The…

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What is the difference between ‘capable of’ and ‘configured to’ in patent claims?

In patent claims, particularly for apparatus claims, the phrases “capable of” and “configured to” can have different implications: “Capable of” generally refers to an inherent ability or potential of the structure to perform a function, even if it’s not specifically designed for that purpose. “Configured to” implies that the structure is specifically designed or arranged…

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