審査便覧-その他#0025

MPEP Other Transitional Phrases #0025

  • Posted on: 26 January 2017
  • By: tsu-ka
English

OTHER TRANSITIONAL PHRASES

Transitional phrases such as “having” must be interpreted in light of the specification to determine whether open or closed claim language is intended.

 - the term “having” as open terminology, allowing the inclusion of other components in addition to those recited, as not creating a presumption that the body of the claim is open."

 - The transitional phrase “composed of” has been interpreted in the same manner as either “consisting of” or “consisting essentially of,” depending on the facts of the particular case.