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Why inventor will use "consisting" instead of "comprising" transitional phrase in a patent claim?
If a transitional phrase, "comprising" covers broader scopes than a transitional phrase, "consisting", then why on earth an inventor will use "consisting" transitional phrase in his/her patent claim?
To avoid prior art. If you invent a 3 wheel car and you say “comprising 3 wheels” you have not specified a 3 wheel car since comprising is open ended you have essentially said “at least 3 wheels”. Consisting of 3 wheels narrows to avoid the prior art. There are better examples but fundamentally cliam scope is a balance. Claim too much and it’s already been done, claim too narrow and get designed around.
