When should the structure implied by process steps be considered in product-by-process claims?
The structure implied by process steps should be considered when assessing the patentability of product-by-process claims in certain situations. MPEP 2113 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…
Read More