How does the manner of operating a device affect apparatus claims?
The manner of operating a device generally does not differentiate an apparatus claim from the prior art. As stated in MPEP 2114: “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original).…
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