Can product-by-process claims be rejoined in a patent application?

Yes, product-by-process claims can be rejoined in a patent application under certain circumstances. The treatment of product-by-process claims for rejoinder purposes is outlined in the MPEP 821.04(b): “Where product and process claims drawn to independent and distinct inventions are presented in the same application, applicant may be called upon under 35 U.S.C. 121 to elect…

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