Closed Transition
A closed transition usually uses the words "consisting of". Use of this phrase limits the preamble to exactly what follows and nothing more. An example would be a patent claim for a pencil, which might say in the preamble "a writing device", followed by the closed transition "consisting of", and concluding with a description such as "a cylindrical piece of lead, graphite, or another material similarly capable of leaving a mark when drawn against a surface, and a second surrounding material encasing the first". A third party who sold pencils including both a cylinder of writing material and a casing material, but added to his pencils an eraser fixed to one end, would therefore not be in violation of the patent. Use of such a transition makes it easy for a competitor to compete with the patented product without infringing it, because it allows the competitor to sell a similar device so long as the competitor makes an addition to what is claimed. However, it also may assist the patent owner in avoiding prior art, which might otherwise block the patent from issuing.
Read more about this topic: Transitional Phrase
Famous quotes containing the words closed and/or transition:
“My old Father used to have a saying that “If you make a bad bargain, hug it the tighter”; and it occurs to me, that if the bargain you have just closed [marriage] can possibly be called a bad one, it is certainly the most pleasant one for applying that maxim to, which my fancy can, by any effort, picture.”
—Abraham Lincoln (1809–1865)
“Some of the taverns on this road, which were particularly dirty, were plainly in a transition state from the camp to the house.”
—Henry David Thoreau (1817–1862)