What are the criteria for distinctness between a process of making and product made?
The criteria for distinctness between a process of making and product made are outlined in MPEP 806.05(f). According to the manual:
“A process of making and a product made by the process can be shown to be distinct inventions if either or both of the following can be shown: (A) that the process as claimed is not an obvious process of making the product and the process as claimed can be used to make another materially different product; or (B) that the product as claimed can be made by another materially different process.”
This means that to establish distinctness, you need to demonstrate either that the claimed process can make a different product, or that the claimed product can be made by a different process.
To learn more: