Fed. Circ. Instructive On Transitional Phrases In Patent Claims

By Karon Fowler, Maria Doukas, Christopher Betti and Michael Abernathy ( February 18, 2020, 4:37 PM EST) -- Transitional phrases such as "consisting essentially of," "comprising" or "consisting of" define a patent claim's scope as open or closed. This, in turn, controls which unrecited additional components or steps, if any, the claim encompasses. These transitional phrases carry certain presumptions that may be best understood in the context of infringement. ...

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