Chapter 2100 Flashcards
1
Q
Title of Chapter
A
Patentability
2
Q
35 USC 112(b) [pre-AIA 112 2nd paragraph]
A
- claims set forth subject matter applicants regard as invention
- claims particularly point out & distinctly claim invention
3
Q
35 USC 112(a) [pre-AIA 112 1st paragraph]
A
- adequate written description
- enablement
- best mode
4
Q
statutory subject matter
A
- process
- machine
- article of manufacture
- composition of matter
5
Q
judicial exceptions
A
- abstract idea
- natural phenomenon
- law of nature
6
Q
comprising
A
- inclusive, open-ended, no additional elements
- “including”, “characterized by”,
7
Q
consisting essentially of
A
- limits to specified materials that don’t materially affect basic & novel characteristics
8
Q
consisting of
A
- can’t add element/step
- synonymous w/ comprising
- excludes any step not mentioned
9
Q
“adapted tp”, “adapted for”, “wherein”, “whereby”
A
- MPEP 2111.04
- could limit
10
Q
principle of inherency
A
- if prior art device, in its normal & usual operation, would necessarily perform the method claimed, then method claimed considered anticipated by prior art device
11
Q
product-by-process claims
A
- even though claims limited & defined by process, patentability based on product itself
- claims directed to product, not process
