A transitional phrase that is synonymous with (means the same thing as) "including," "containing" or "characterized by;" is inclusive or open-ended and does not exclude additional, unrecited elements or method steps.
-- see MPEP 2111.03 for more
- Browse Related Terms: composed of, Comprising, consisting essentially of, Consisting of, disclaimer, doctrine of equivalents, having, Patent Pending, scope, transitional phrase
- Browse Related Terms: Administrative Instructions, ATO, Chapter I, Chapter II, designation, election (PCT), examination copy, home copy, national stage application, PCT, PCT Regulations, PLT, POIS, Power, precautionary designation, record copy, search copy, TLT, WCT, WPPT
- Browse Related Terms: Application, Disclosure, enablement, how to make, inoperativeness, Invention Disclosure, Undue Experimentation, Unreasonable Experimentation, Written Description
The standard applied under Section 103 of the Patent Statute is whether the invention would have been obvious at the time the invention was made to one having ordinary skill in the art. One must look at the nature of the technology and determine what sort of individual would be skilled in the art. There are no rigid standards that are employed in making such a determination. For example, if the invention involved an automobile transmission, a mechanical engineer working on transmission design, a mechanic working on automobile transmissions, a mechanical engineering professor, or others could be a "person skilled in the art."
- Browse Related Terms: Definiteness, hypothetical person skilled in the art, Level of Ordinary Skill, non obvious, Obviousness, ordinary skill in the art, Person Skilled in the Art, Routineer, Secondary Considerations, skill in the art, Unobvious