What is the significance of In re Thorpe in product-by-process claim examination?
The case of In re Thorpe plays a crucial role in the examination of product-by-process claims. As stated in MPEP 2113: “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production.…
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