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An open transition usually uses the word "comprises" or "comprising". This is the broadest form of transition, as it does not limit the preamble to whatever elements are identified in the claim. If the above patent used the word "comprising" instead of "consisting of", then the third party's pencil-plus-eraser would be infringing (assuming that ...
The phrases "consisting of" and "consisting essentially of" are (under some patent laws, specifically US) more limiting, as they mean "having all and only" or "virtually only" and are therefore closed (exclusive).
This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
This is a list of legal terms relating to patents and patent law.A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or their successor in rights in exchange to a public disclosure of the invention.
The style guide for the British newspapers The Guardian and The Observer says that "The one thing [about comprise, consist, compose or constitute] to avoid, unless you want people who care about such things to give you a look composed of, consisting of and comprising mingled pity and contempt, is 'comprised of ' ". [31]
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