How does the phrase “consisting essentially of” differ from “comprising” and “consisting of” in patent claims?
The phrase “consisting essentially of” occupies a middle ground between the open-ended “comprising” and the closed “consisting of” in patent claims. According to MPEP 2111.03: “The transitional phrase “consisting essentially of” limits the scope of a claim to the specified materials or steps “and those that do not materially affect the basic and novel characteristic(s)”…
Read MoreHow does the transitional phrase “composed of” compare to “consisting of” in patent claims?
How does the transitional phrase “composed of” compare to “consisting of” in patent claims? The transitional phrase “composed of” is generally treated similarly to “consisting of” in patent claims, but with some nuances: Similar to “consisting of”: “Composed of” is typically interpreted as a closed transition, excluding unrecited elements. Potential flexibility: In some cases, “composed…
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