What is the “burden-shifting” approach in examining product-by-process claims?

The “burden-shifting” approach in examining product-by-process claims involves two key steps: The examiner initially focuses on the product itself, regardless of how it was made. If the examiner finds a prior art product that appears to be identical or substantially identical, the burden shifts to the applicant. As stated in MPEP 2113: “Once the examiner…

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