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Subsection 8.3.1 Patent Claim Transitional Phrases

202606200001 | patent claims
Table 8.3.1. Patent Claim Transitional Phrases
Phrase Meaning Additional Elements Permitted? Examples
comprising Open-ended; includes at least the listed elements. Yes A widget comprising A, B, and C may also contain D and E.
consisting of Closed; limited to exactly the listed elements. No A widget consisting of A, B, and C excludes D and E.
consisting essentially of Partially open; additional elements are allowed if they do not affect the invention. Sometimes A widget consisting essentially of A, B, and C may include minor additives that do no change its essential characteristics.

Memory Aid.

Comprising
\(A \subseteq X\)
Corresponds with an open claim.
Such claims set minimum requirements.
Consisting of
\(A = X\)
Corresponds with a closed claim.
Such claims set exact specifications.
Consisting essentially of
\(A \approx X\)
Corresponds with a semi-open claim.