Hybrid Transition
A third kind of transition, the hybrid transition, uses the phrase "consisting essentially of". The effect of this transitional phrase is to leave the claim "open" to include additional elements, but only if those additional elements do not materially affect the basic and novel characteristics of the claimed combination. In this instance, the pencil with the eraser added might still not be infringing, but a pencil with a fin or a non-functional button would still infringe, because the thing that was added would serve no purpose material to the claimed functions of the pencil. This language assists in avoiding prior art, but is broad enough to capture imperfect attempts to copy the patented device.
Read more about this topic: Transitional Phrase
Famous quotes containing the word transition:
“A transition from an author’s books to his conversation, is too often like an entrance into a large city, after a distant prospect. Remotely, we see nothing but spires of temples, and turrets of palaces, and imagine it the residence of splendor, grandeur, and magnificence; but, when we have passed the gates, we find it perplexed with narrow passages, disgraced with despicable cottages, embarrassed with obstructions, and clouded with smoke.”
—Samuel Johnson (1709–1784)