Can a prior art device that performs all functions of an apparatus claim still not anticipate the claim?
Yes, a prior art device can perform all the functions recited in an apparatus claim and still not anticipate the claim if there is any structural difference. According to MPEP 2114:
“Even if the prior art device performs all the functions recited in the claim, the prior art cannot anticipate the claim if there is any structural difference.”
This emphasizes the importance of structural limitations in apparatus claims. However, it’s crucial to note that for means-plus-function limitations, structures equivalent to those described in the specification can meet the claim limitations.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2114 - Apparatus And Article Claims — Functional Language,
Patent Law,
Patent Procedure