2100 Patentability

2111.03 fixing the grammar/semantics of the word "unrecited"

MPEP ยง 2111.03 explains how different transitional phrases in a claim affect claim scope with respect to what "unrecited" additional components or steps, if any, are excluded from the scope of the claim. I proposed replacing all instances of the word "unrecited" with the word "non-recited."

 

This word, "unrecited," does not accurately describe the concept. When the "un-" prefix is paired with a verb, it typically causes the verb express a reversal of itself, rather than merely expressing a simple negation, as is the case with adjectives. For example, compare the verbs undone, unscrewed, and unlocked, to the adjectives unfit, unfair, and unwise.

 

Therefore, as I understand it, the verb "unrecited" seems to refer to claim terms that was previously recited but subsequently removed (or "unrecited," e.g., by force of amendment). But transitional phrases apply to more than merely the terms removed from a claim. They also affect the scope of terms that were never in the claim from the beginning.

 

For this reason, I suggest changing the word "unrecited" to "non-recited," which would cover more situations where transitional phrases apply.

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Idea No. 259