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…

Read More

How does MPEP 2114 relate to product-by-process claims?

While MPEP 2114 primarily focuses on apparatus and article claims with functional language, it also touches on product-by-process claims, which are a special type of product claim. The key points relating to product-by-process claims are: Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. If…

Read More