What are the limitations of MPEP 2115’s guidance on material worked upon?
While MPEP 2115 provides important guidance on how material or articles worked upon affect apparatus claims, it’s crucial to understand its limitations. The MPEP states:
Note that this line of cases is limited to claims directed to machinery which works upon an article or material in its intended use.
This means that the principle of disregarding the material worked upon applies specifically to apparatus claims. It may not apply in the same way to method claims or other types of claims. Additionally, if the material worked upon imparts a structural limitation to the apparatus itself, it may be considered in determining patentability. Patent practitioners should carefully consider the nature of their claims and the specific facts of their case when applying this guidance.
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