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2115    Material or Article Worked Upon by Apparatus

MPEP SECTION SUMMARY

“Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim.”

Furthermore, “[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims.” This section also includes an example of how the material or article worked upon does not limit apparatus claims.


MATERIAL OR ARTICLE WORKED UPON DOES NOT LIMIT APPARATUS CLAIMS

Example:

In re Young, a claim to a machine for making concrete beams included a limitation to the concrete reinforced members made by the machine as well as the structural elements of the machine itself. The court held that the inclusion of the article formed within the body of the claim did not, without more, make the claim patentable.

 

» 2116  Material Manipulated in Process