How does MPEP 2114 relate to product-by-process claims?
While MPEP 2114 primarily focuses on apparatus and article claims with functional language, it also touches on product-by-process claims, which are a special type of product claim. The key points relating to product-by-process claims are:
- Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps.
- If the product in a product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.
MPEP 2113, which specifically deals with product-by-process claims, states: “The structure implied by the process steps should be considered when assessing the patentability of product-by-process claims over the prior art, especially where the product can only be defined by the process steps by which the product is made, or where the manufacturing process steps would be expected to impart distinctive structural characteristics to the final product.”
This approach aligns with the general principle in MPEP 2114 that apparatus claims are evaluated based on their structure rather than their method of production or operation.
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