What is the difference between structural and functional limitations in apparatus claims?
In apparatus claims, features can be recited either structurally or functionally. As stated in MPEP 2114:
“Features of an apparatus may be recited either structurally or functionally. In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997).”
Structural limitations describe the physical components of the apparatus, while functional limitations describe what the apparatus does or how it operates. It’s important to note that functional limitations may be inherent characteristics of the prior art, and the examiner may require the applicant to prove that the prior art does not possess these characteristics.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2114 - Apparatus And Article Claims — Functional Language,
Patent Law,
Patent Procedure