WINGED CORKSCREW WITH ONE OR MORE SECONDARY UTENSILS

Abstract

A winged corkscrew with one or more secondary utensils. The winged corkscrew secondary utensils may comprise: a shaft, body, two levers, and two pins. The shaft may comprise: a handle portion, secondary utensils, a rack portion, and a helical portion. The handle portion may comprise an opening and a lip disposed along the inner edge of the opening. The blade may be hingedly disposed between the handle portion and the rack portion, which is positioned adjacent to the helical portion. The body may comprise: a through hole, base, and two shoulders. The two levers may pivotally engage with the two shoulders via the two pins. The shaft may engage and extend through the through hole of the body, such that the helical portion of the shaft is disposed within the body. The base may be substantially cylindrical and may be adapted to engage with a neck portion of a bottle.

Claims

1. A winged corkscrew with one or more secondary utensils, comprising: a shaft; a body; and two levers; wherein each of said two levers comprise a pin, such that there are two pins; wherein said shaft comprises: a handle portion, one or more secondary utensils, a rack portion, and a helical portion; wherein said handle portion is positioned at an upper end of said shaft; wherein said one or more secondary utensils are hingedly disposed between said handle portion and said rack portion; wherein said rack portion is disposed between said one or more secondary utensils and said helical portion; wherein said helical portion is positioned at a bottom end of said shaft and is configured to engage with and remove a cork from a bottle; wherein said body comprises a through hole, two shoulders, and a base; wherein said through hole is positioned approximately at said upper end of said body, between said two shoulders, and above said base; wherein said shaft engages with and extends through said through hole of said body; wherein a proximal ends of said two levers comprises a plurality of gear teeth; wherein said proximal ends of said one or more levers pivotally rotates with said one or more shoulders of said body via said two pins, such that said plurality of gear teeth of said two levers moveably rotate adjacent to said through hole; wherein said rack portion of said shaft engages with said plurality of gear teeth of said two levers; and wherein said base of said body is substantially cylindrical and is adapted to engage with a neck portion of a bottle.

2. The combination tool of claim 1, wherein said one or more secondary utensils are aligned in a substantially horizontal manner, such that a length of said one or more secondary utensils transverses longitudinally along a bottom portion of said handle portion, such that said one or more secondary utensils are substantially perpendicular to said shaft.

3. The combination tool of claim 1, wherein said handle portion of said shaft comprises at least one opening and at least one lip; wherein said at least one lip is disposed along an inner edge of said at least one opening; and wherein said at least one lip is adapted to engage with a sealing cap of a bottle, such that said handle portion functions as a bottle cap opener.

4. The combination tool of claim 1, wherein a shape of said handle portion of said shaft is selected from the group of shapes consisting of: a rectangular shape, a trapezoidal shape, and a circular shape.

5. The combination tool of claim 1, wherein said one or more secondary utensils are aligned along a lower portion said handle portion, such that said winged corkscrew is configured to align with a top portion of a bottle.

6. The combination tool of claim 1, wherein said one or more secondary utensils are aligned along a lower portion said handle portion to provide compactness of said one or more secondary utensils.

7. The combination tool of claim 1, wherein said one or more secondary utensils includes a blade.

8. The combination tool of claim 7, wherein said one or more secondary utensils includes a double-point prick.

9. The combination tool of claim 7, wherein said one or more secondary utensils includes a serrated blade.

10. The combination tool of claim 7, wherein said one or more secondary utensils includes a screwdriver tip.

11. The combination tool of claim 1, wherein said one or more secondary utensils are selected from the group of secondary utensils consisting of: a cap lifter, a single-point prick, and a scissor tip.

12. A winged corkscrew with one or more secondary utensils, comprising: a shaft; a body; and two levers; wherein each of said two levers comprise a pin, such that there are two pins; wherein said shaft comprises: a handle portion, at least one secondary utensil, a rack portion, and a helical portion; wherein said handle portion is positioned at an upper end of said shaft and comprises at least one opening; wherein said at least one secondary utensil is hingedly disposed between said handle portion and said rack portion; wherein said rack portion is disposed between said at least one secondary utensil and said helical portion; wherein said helical portion is positioned at a bottom end of said shaft and is configured to engage with and remove a cork from a bottle; wherein a proximal ends of said two levers comprise a plurality of gear teeth; wherein said body comprises: a through hole, two shoulders, and a base; wherein said through hole is positioned approximately at an upper end of said body, between said two shoulders, and above said base; wherein said proximal ends of said two levers pivotally rotates with said two shoulders of said body via said two pins, such that said plurality of gear teeth of said two levers moveably rotate adjacent to said through hole; wherein said shaft engages and extends through said through hole of said body, such that said helical portion of said shaft is disposed within said body and said rack portion of said shaft engages with said plurality of gear teeth of two levers; and wherein said base of said body is substantially cylindrical and is adapted to engage with a neck portion of a bottle.

13. The combination tool of claim 12, wherein said at least one secondary utensil is aligned in a substantially horizontal manner, such that a length of said at least one secondary utensil transverses longitudinally along a bottom portion of said handle portion, such that said one or more secondary utensils are substantially perpendicular to said shaft.

14. The combination tool of claim 12, wherein said handle portion of said shaft comprises at least one opening and at least one lip; wherein said at least one lip is disposed along an inner edge of said at least one opening; and wherein said at least one lip is adapted to engage with a sealing cap of a bottle, such that said handle portion functions as a bottle cap opener.

15. The combination tool of claim 12, wherein a shape of said handle portion of said shaft is selected from the group of shapes consisting of: a rectangular shape, a trapezoidal shape, and a circular shape.

16. The combination tool of claim 12, wherein said one or more secondary utensils are aligned along a lower portion said handle portion, such that said winged corkscrew is configured to align with a top portion of a bottle.

17. The combination tool of claim 12, wherein said one or more secondary utensils are aligned along a lower portion said handle portion to provide compactness of said one or more secondary utensils.

18. The combination tool of claim 12, wherein said at least one secondary utensil is a blade.

19. The combination tool of claim 12, wherein said at least one secondary utensil is selected from the group of secondary utensils consisting of: a blade, a serrated blade, a cap lifter, a single-point prick, a double-point prick, a scissor tip, and a screwdriver tip.

20. A winged corkscrew with one or more secondary utensils, consisting essentially of: a shaft; a body; a first lever, comprising a first pin; and a second lever, comprising a second pin; wherein said shaft consists essentially of: a handle portion, two secondary utensils, a rack portion, and a helical portion; wherein said handle portion is positioned at an upper end of said shaft and comprises at least one opening and at least one lip; wherein said at least one lip is disposed along an inner edge of said at least one opening and is adapted to engage with a sealing cap of a bottle, such that said shaft functions as a bottle cap opener; wherein said two secondary utensils are hingedly disposed between said handle portion and said rack portion and is aligned in a substantial horizontal manner, such that a length of said two secondary utensils transverse longitudinally along a bottom portion of said handle portion; wherein said rack portion is disposed between said two secondary utensils and said helical portion; wherein said helical portion is positioned at a bottom end of said shaft and is configured to engage with a cork; wherein a proximal end of said first lever comprises a plurality of gear teeth; wherein a proximal end of said second lever comprises a plurality of gear teeth; wherein said body comprises: a through hole, a first shoulder, a second shoulder, and a base; wherein said through hole is positioned at an upper end of said body, adjacent to and between said first shoulder and said second shoulder, and above said base; wherein said proximal end of said first lever pivotally engages with said first shoulder of said main body via said first pin, such that said plurality of gear teeth of said first lever moveably rotates adjacent to said through hole; wherein said proximal end of said second lever pivotally engages with said second shoulder of said main body via said second pin, such that said plurality of gear teeth of said second lever also moveably rotates adjacent to said through hole; wherein said shaft engages and extends through said through hole of said body, such that said helical portion of said shaft is disposed within said body and said rack portion of said shaft engages with said plurality of gear teeth of said first lever and said plurality of gear teeth of said second lever; and wherein said base of said body is substantially cylindrical and is adapted to engage with a neck portion of said bottle.

Description

BRIEF DESCRIPTION OF THE ILLUSTRATIVE EMBODIMENTS

[0029] The drawings show illustrative embodiments, but do not depict all embodiments. Other embodiments may be used in addition to or instead of the illustrative embodiments. Details that may be apparent or unnecessary may be omitted for the purpose of saving space or for more effective illustrations. Some embodiments may be practiced with additional components or steps and/or without some or all components or steps provided in the illustrations. When different drawings contain the same numeral, that numeral refers to the same or similar components or steps.

[0030] FIG. 1 is an illustration of a front elevational view of one embodiment of the winged corkscrew with one or more secondary utensils.

[0031] FIG. 2 is an illustration of a rear elevational view of one embodiment of the winged corkscrew with one or more secondary utensils.

[0032] FIG. 3 is an illustration of a right side elevational view of one embodiment of the winged corkscrew with one or more secondary utensils.

[0033] FIG. 4 is an illustration of a left side elevational view of one embodiment of the winged corkscrew with one or more secondary utensils.

[0034] FIG. 5 is an illustration of a top plan view of one embodiment of the winged corkscrew with one or more secondary utensils.

[0035] FIG. 6 is an illustration of a bottom plan view of one embodiment of the winged corkscrew with one or more secondary utensils.

[0036] FIG. 7 is an illustration of a perspective view of one embodiment of the winged corkscrew with one or more secondary utensils.

[0037] FIG. 8 is an illustration of a perspective view of one embodiment of the winged corkscrew with one or more secondary utensils and shows two secondary utensils hingedly protracted.

[0038] FIG. 9 is an illustration of another embodiment of the handle portion of the corkscrew with one or more secondary utensils and shows the secondary utensils as a can opener with a double-point prick.

[0039] FIG. 10 is an illustration of another embodiment of the handle portion of the corkscrew with one or more secondary utensils and shows the secondary utensils as a cutting tool and a serrated blade.

[0040] FIG. 11 is an illustration of another embodiment of the handle portion of the corkscrew with one or more secondary utensils and shows the secondary utensils as scissors and a single-point prick.

[0041] FIG. 12 is an illustration of a perspective view of one embodiment of the winged corkscrew and shows the corkscrew with a single secondary utensil.

DETAILED DESCRIPTION OF THE ILLUSTRATIVE EMBODIMENTS

[0042] In the following detailed description of various embodiments, numerous specific details are set forth in order to provide a thorough understanding of various aspects of the embodiments. However, the embodiments may be practiced without some or all of these specific details. In other instances, well-known procedures and/or components have not been described in detail so as not to unnecessarily obscure aspects of the embodiments.

[0043] While some embodiments are disclosed here, other embodiments will become obvious to those skilled in the art as a result of the following detailed description. These embodiments are capable of modifications of various obvious aspects, all without departing from the spirit and scope of protection. The Figures, and their detailed descriptions, are to be regarded as illustrative in nature and not restrictive. Also, the reference or non-reference to a particular embodiment shall not be interpreted to limit the scope of protection.

[0044] In the following description, certain terminology is used to describe certain features of one or more embodiments. For purposes of the specification, unless otherwise specified, the term substantially refers to the complete or nearly complete extent or degree of an action, characteristic, property, state, structure, item, or result. For example, in one embodiment, an object that is substantially located within a housing would mean that the object is either completely within a housing or nearly completely within a housing. The exact allowable degree of deviation from absolute completeness may in some cases depend on the specific context. However, generally speaking the nearness of completion will be so as to have the same overall result as if absolute and total completion were obtained. The use of substantially is also equally applicable when used in a negative connotation to refer to the complete or near complete lack of an action, characteristic, property, state, structure, item, or result.

[0045] As used herein, the terms approximately and about generally refer to a deviance of within 5% of the indicated number or range of numbers. In one embodiment, the term approximately and about, may refer to a deviance of between 1-10% from the indicated number or range of numbers.

[0046] As used herein, the term rectangular refers to a shape having a form of a rectangle or four-sided flat shape with straight sides. All the interior angles of a rectangular shape may be right angles and are approximately 90 degrees each.

[0047] As used herein, the term trapezoidal refers to a shape having a form of a trapezoid or any four-sided shape that has two sides that are substantially in parallel and two sides that are not parallel. The sum of the interior angles of a trapezoidal shape is preferably 360 degrees.

[0048] As used herein, the term circular refers to a shape having a form of a circle or any shape having a closed plane curve. A circular shape may include, without limitation, circles, ovals, and ellipses.

[0049] The term utensil refers to any tool, including without limitation, blades (e.g., large blade, small blade, serrated blade, blade without points, electrician blade, picker blade, pruning blade), can openers, bottle openers, screwdrivers, wire strippers, scissors, reamers, screwdrivers (e.g., Phillips, flat heads), pins, chisels, metal files, peelers, and cutters.

[0050] FIG. 1 is an illustration of a front elevational view of one embodiment of the winged corkscrew with one or more secondary utensils. As shown in FIG. 1, one embodiment of the winged corkscrew with one or more secondary utensils 100 may comprise: a shaft 105, two levers 110, 115, and body 120. The shaft 105 may comprise: a handle portion 125, secondary utensils 130, 131, rack 135, and helical portion 140. The handle portion 125 of the shaft 105 is preferably configured for the user to hold and control the combination tool 100. The handle portion 125 may comprise an opening 175 and a lip 180 located along the inner edge of the opening 175. The lip 180, handle 125, and opening 175 may be used to latch onto a cap or sealing cap of a bottle and may allow for the shaft 105 to function as a lever to remove the bottle cap. A user, for instance, may move the shaft 105 upwards such that the corkscrew 100 functions as a bottle cap remover for removing a bottle cap from a bottle. In a preferred embodiment, the size of the opening 175 is preferably proportionate to the size of a standard bottle cap, such that the lip 180 in conjunction with the opening 175 and handle portion 125 may be used to engage and remove a bottle cap from a bottle. Additionally, in various embodiments, the shape of the handle portion 125 may comprise, without limitation: rectangular, circular, trapezoidal, square, octagonal, hexagonal, organic, and/or heptagonal.

[0051] The secondary utensils 130, 131 may preferably be any tool that may assist the user in removing a cork from a cork stoppered bottle. The secondary utensils 130, 131 may be any tool such as a cutting tool which may be used for shear deformation. The secondary utensils 130, 131 may comprise, without limitation, blades (e.g., large blade, small blade, serrated blade, blade without points, electrician blade, picker blade, pruning blade), can openers, bottle openers, screwdrivers, wire strippers, scissors, reamer, screwdrivers (e.g., Phillips, flat heads), pins, chisels, metal files, peelers, and cutters. In one embodiment, there may be a single secondary utensil while, in various other embodiments, there may also be more than one secondary utensils such as two, three, or four. The secondary utensil may be a blade for slicing or cutting foil wrapper from the bottle. The secondary utensil may also be a scissor for cutting the foil wrapper, plastic wrapping, and/or outside packaging of the bottle (e.g., box packaging, plastic shrink-wrap). The scissors, for example, may be used for cutting the bow and string of the bottle when the bottle is gift-wrapped. Various other secondary utensils may also be used to assist the user in other situations.

[0052] In a preferred embodiment, the secondary utensils 130, 131 are positioned below the handle portion 125 and lip 180 and above the rack portion 135 of the shaft 105. Additionally, as shown in the figures, the secondary utensils 130, 131 are preferably disposed in a substantial horizontal manner along the lower portion of the handle portion 125, such that the secondary utensils 130, 131 are substantially perpendicular to the shaft 105. This design and configuration preferably allows the user to position the winged corkscrew 100 in a convenient manner, such that the corkscrew 100 may align in a parallel manner with a wine bottle when removing the foil wrapper. Another benefit of having the secondary utensils 130, 131 aligned along the lower portion of the handle 125 is to provide compactness and an aesthetically pleasing look to the user. This allows the winged corkscrew 100 to hold and secure multiple secondary utensils within the winged corkscrew without significantly increasing the size of the corkscrew.

[0053] FIG. 1 also shows that the shaft 105 may comprise a rack portion 135 formed vertically along the middle portion of the shaft 105. The rack portion 135 preferably comprises a plurality of grooves for engaging the gear teeth 145, 150 of the levers 110, 115, thereby providing vertical displacement of the shaft 105 upon actuation of the levers 110, 115.

[0054] FIG. 1 also shows that the shaft 105 may comprise a helical portion 140, which is preferably positioned below the rack portion 135. The helical portion 140, which is also called a worm, may extend downwards, along the length of the bottom portion of the shaft 105, and may comprise a tip, which may be located at the bottom end of the shaft 105. The helical portion 140 preferably terminates at the tip.

[0055] FIG. 1 also shows that the body 120 may comprise a base 170. The base 170 is preferably the bottom portion of the body 120 and is preferably configured to engage in a ringed manner the top portion of the bottle to be de-corked. In a preferred embodiment, the base 170 is preferably cylindrical ring shape and preferably provides hand support for the user when rotating the shaft 125.

[0056] Additionally, FIG. 1 shows that the body may comprise a through hole 136 and shoulders 137, 138. The through hole 136 is preferably configured to allow the shaft 105 to engage with and extrude through the through hole 136. The shoulders 137, 138 are preferably configured to rotatably engage with the levers 110, 115 of the multi-tool corkscrew 100.

[0057] FIG. 1 shows that the levers 110, 115 may comprise pins 155, 160, which may be used to movably fasten the levers 110, 115 the body 120 and provide rotational movement for the levers 110, 115 and for the gear teeth 145, 150. The rotational movement of the levers 110, 115 around the pins 155, 160 preferably causes the gear teeth 155, 160 to engage and push in a vertical manner the rack portion 135, such that the shaft 105 moves linearly, thereby causing the shaft 105 to displace vertically up or down relative to the body 120 upon actuation of the levers 110, 115.

[0058] When in use, the corkscrew 100 is preferably positioned above the bottle such that the tip of the helical portion 140 of the shaft 105 may contact the cork. The user may then push and rotate the handle portion 125, which may cause the helical portion 140 of the shaft 105 to engage and penetrate into the cork. Thus, as the helical portion 140 engages with a cork in a bottle, the shaft 105 generally shifts downwards. The user then may push down onto the levers 110, 115, so that the shaft 105 moves upwards and draws the helical portion 140 and the cork from the bottle.

[0059] FIG. 2 is an illustration of a rear elevational view of one embodiment of the winged corkscrew with one or more secondary utensils. As shown in FIG. 2, one embodiment of the corkscrew 100 may comprise: a shaft 105, levers 110, 115, and body 120. The shaft 105 may comprise: a handle portion 125, rack 135, and helical portion 140. Each lever 110, 115 may comprise gear teeth 145, 150 and pins 155, 160, and the body 120 may comprise a base 170.

[0060] FIG. 3 is an illustration of a right side elevational view of one embodiment of the winged corkscrew with one or more secondary utensils. As shown in FIG. 3, one embodiment of the corkscrew 100 may comprise: a shaft 105, lever 115, and body 120. The shaft 105 may comprise: a handle portion 125, secondary utensils 130, 131, and rack 135. Lever 115 may comprise gear teeth 150 and pin 160. The body 120 may comprise the base 170.

[0061] FIG. 4 is an illustration of a left side elevational view of one embodiment of the winged corkscrew with one or more secondary utensils. As shown in FIG. 4, one embodiment of the corkscrew 100 may comprise: a shaft 105, lever 110, and body 120. The shaft 105 may comprise: a handle portion 125, secondary utensils 130, 131, and rack 135. Lever 115 may comprise gear teeth 145 and pin 155. The body 120 may comprise the base 170.

[0062] FIG. 5 is an illustration of a top plan view of one embodiment of the winged corkscrew with one or more secondary utensils. As shown in FIG. 5, one embodiment of the corkscrew 100 may comprise: a handle portion 125, secondary utensil 130, and base 170.

[0063] FIG. 6 is an illustration of a bottom plan view of one embodiment of the winged corkscrew with one or more secondary utensils. As shown in FIG. 6, one embodiment of the corkscrew 100 may comprise: levers 110, 115, body 120, and helical portion 140.

[0064] FIG. 7 is an illustration of a perspective view of one embodiment of the winged corkscrew with one or more secondary utensils. As shown in FIG. 7, one embodiment of the utensil corkscrew 100 may comprise: a shaft 105, levers 110, 115, and body 120. The shaft 105 may comprise: a handle portion 125, secondary utensils 130, 131, rack 135, and helical portion 140. FIG. 7 also shows that each lever 110, 115 may comprise gear teeth 155, 160 and pins 155, 160, which may be used to movably fasten and secure the levers 110, 115 to the body 120. The body 120 may comprise a base 170.

[0065] FIG. 8 is an illustration of a perspective view of one embodiment of the winged corkscrew with one or more secondary utensils and shows two secondary utensils hingedly protracted. As shown in FIG. 8, one embodiment of the corkscrew 800 may comprise: a shaft 105, levers 110, 115, and body 120. The shaft 105 may comprise: a handle portion 125, secondary utensils 804, rack 135, and helical portion 140. FIG. 1 also shows that each lever 110, 115 may comprise gear teeth 155, 160 and pins 155, 160, which may be used to movably fasten and secure the levers 110, 115 to the body 120. The body 120 may comprise a base 170. FIG. 8 shows the secondary utensil 130 protracted and that the secondary utensils 804 may comprise two secondary utensilsa prick 801 and a blade 802, which may be referred to as a cutting tool or knife. FIG. 8 also shows that the opening 175 of the handle portion 125 may comprise a lip 180, which is configured to function as a bottle cap opener or bottle opener.

[0066] FIG. 9 is an illustration of another embodiment of the handle portion of the corkscrew with one or more secondary utensils and shows the secondary utensils as a can opener with a double-point prick. Specifically, FIG. 9 shows that the cork screw 900 may comprise two secondary utensils 904a double prick 901 and a can opener 902. The can opener 902 may also comprise a notch 903 to assist the user in protracting the secondary utensils 901, 902. FIG. 9 also shows that the opening 975 of the handle portion 925 may comprise a lip 980, which is configured to function as a bottle cap opener. The handle portion 925 may be various shapes, including being substantially rectangular in shape, as shown.

[0067] FIG. 10 is an illustration of another embodiment of the handle portion of the corkscrew with one or more secondary utensils and shows the secondary utensils as a cutting tool and a serrated blade. Specifically, FIG. 10 shows that the corkscrew 1000 may comprise two secondary utensils 1004a serrated blade 1001 and a blade 1002. The blade 1003 may also comprise a notch 1003 to assist the user in protracting the secondary utensils 1001, 1002. FIG. 10 also shows that the opening 1075 of the handle portion 1025 may comprise a lip 1080, which may be configured to function as a bottle cap opener. FIG. 10 also shows that the handle portion 1025 may be substantially trapezoidal in shape.

[0068] FIG. 11 is an illustration of another embodiment of the handle portion of the corkscrew with one or more secondary utensils and shows the secondary utensils as scissors and a single-point prick. Specifically, FIG. 11 shows that the secondary utensils 1104 of the corkscrew 1100 may comprise two secondary utensils 1104a single-point prick 1101 and a scissors 1102. FIG. 11 also shows that the opening 1175 of the handle portion 1125 may comprise a lip 1180, configured as a bottle cap opener. FIG. 11 also shows that the handle portion 1125 may be substantially circular in shape. A lip 1180 may be positioned within the inner edge of the opening 1175 of the handle portion 1125. In this embodiment, the scissors 1102 may be used for cutting the foil wrapper, plastic wrapping, and/or outside packaging of the bottle (e.g., box packaging, plastic shrink-wrap). The scissors, for example, may be used for cutting the bow and string of the bottle when the bottle is gift-wrapped.

[0069] FIG. 12 is an illustration of a perspective view of one embodiment of the winged corkscrew and shows the corkscrew with a single secondary utensil. FIG. 12 shows that corkscrew 1200 may comprise a single secondary utensil 1204, which is shown as a curved foil cutting blade 1202.

[0070] Unless otherwise stated, all measurements, values, ratings, positions, magnitudes, sizes, locations, and other specifications that are set forth in this specification, including in the claims that follow, are approximate, not exact. They are intended to have a reasonable range that is consistent with the functions to which they relate and with what is customary in the art to which they pertain.

[0071] The foregoing description of the preferred embodiment has been presented for the purposes of illustration and description. While multiple embodiments are disclosed, still other embodiments will become apparent to those skilled in the art from the above detailed description. These embodiments are capable of modifications in various obvious aspects, all without departing from the spirit and scope of protection. Accordingly, the detailed description is to be regarded as illustrative in nature and not restrictive. Also, although not explicitly recited, one or more embodiments may be practiced in combination or conjunction with one another. Furthermore, the reference or non-reference to a particular embodiment shall not be interpreted to limit the scope of protection. It is intended that the scope of protection not be limited by this detailed description, but by the claims and the equivalents to the claims that are appended hereto.

[0072] Except as stated immediately above, nothing that has been stated or illustrated is intended or should be interpreted to cause a dedication of any component, step, feature, object, benefit, advantage, or equivalent, to the public, regardless of whether it is or is not recited in the claims.