What is the structure of a Jepson Claim?

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The structure of a Jepson Claim is specifically designed to highlight both the prior art and the new inventive aspect of an invention. This claim format starts with a preamble that clearly describes the prior art, and it subsequently introduces the new features or improvements that distinguish the invention from the existing technology. By defining the old elements first, the Jepson Claim sets the stage for the reader to understand the context in which the new invention operates. It effectively communicates the necessary background and allows the patent examiner and the public to recognize how the current invention builds upon, and thereby advances, existing technological knowledge.

This structure serves to clarify the relationship between what is already known and what is new, which can be particularly useful in demonstrating the novelty and non-obviousness of the claimed invention. This is a distinctive feature of Jepson Claims, as they concisely encapsulate both the limitations of the prior art and the improvements offered by the new invention.

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