Kit, Labeling, Or Packaging

Still another way of circumventing close prior art is to draft the claims to expressly recite a kit, labeling, or packaging. For example, U.S. 6811038 recites a kit of components, where the components by themselves might not be patentable:

18. An automotive door storage kit, comprising: a bracket adapted to be mounted to a surface; and a door retaining device adapted to be used in conjunction with the bracket to stabilize an automotive door having gins adapted to be connected to an automobile….

Similarly, U.S. 6726899 recites:

24. A commercial package comprising a composition of 1) a composition comprising a polymerizable acrylate resin, an antimicrobial agent of Formula (I) according to claim 1 and at least one component selected from the group consisting of: glutaraldehyde and a chelating agent and 2) labeling having printed instructions indicating the use thereof as a dental facing preparation.