How does MPEP 2114 apply to functional language in apparatus claims?

MPEP 2114 provides guidance on how to evaluate functional language in apparatus claims. The key points are:

  • Functional language in apparatus claims is limited to what the claimed structure is capable of doing, not what it actually does in operation.
  • If the prior art structure is capable of performing the intended use, it meets the claim.
  • Apparatus claims cover what a device is, not what it does.

As stated in MPEP 2114: “A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim.”

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Topics: MPEP 2100 - Patentability, MPEP 2114 - Apparatus And Article Claims — Functional Language, Patent Law, Patent Procedure
Tags: apparatus claims, Functional Language, Intended Use, Structural Limitations