Can a prior art device that performs all functions of an apparatus claim still not anticipate the claim?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Computer-Implemented Functional Language Narrows Apparatus Claims MPEP 2114 Structural Differences Must Be Present For Anticipation MPEP 2114 Prohibited Equivalent Structures for Means-Plus-Function Claims MPEP 2114 Inherent Functional Limitation of Prior Art MPEP 2114 Permitted Guidance for Interpreting Functional Limitations in Claims MPEP 2114 Functional Claim Limitations Narrow Device Capability MPEP 2114 Permitted Functional Claim Covers All Capable Devices MPEP 2114 Permitted Claim Language Covers Capable Devices MPEP 2114 Required Applicant Must Prove Prior Art Does Not Possess Characteristic Relied On MPEP 2114 Permitted Claims Including Software Must Be Construed as Hardware and Software Combination MPEP 2114 Prohibited Other Related FAQs 5 FAQs Collapse What is the difference between &#8216;capable of&#8217; and &#8216;configured to&#8217; in patent claims? How does the manner of operating a device affect apparatus claims? How are computer-implemented functional claim limitations interpreted in patent examination? How does MPEP ...