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Can Process Confer Structure to Distinguish the Art after
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MPEP 2173.05(p): Claim Directed to Product-By- Process or Product …
WebOct 26, 2024 · U.S. patent practice concerning product-by-process claims has developed to allow an applicant to claim a patentable product that resists a definition other than the process by which it is made. In Biogen MA, Inc. v. EMD Serono, Inc. , [1] the U.S. Court of Appeals for the Federal Circuit (“CAFC”) recently evaluated patentability of a ... WebFeb 16, 2024 · 2113 Product-by-Process Claims [R-07.2024] “ [E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from ... WebApr 11, 1998 · Thus, the product-by-process claim as amended does extend the protection conferred by the process claims as granted. 4.5. Consequently, in the Board's judgement, the change of category from the claims as granted to the claim as amended extends the protection conferred. For these reasons, claim 1. offends Article 123(3) EPC and the main … lilac bush budding