How should applicants establish a nexus between an intermediate and an end product’s unexpected properties?
When claiming patentability of an intermediate based on an end product’s properties, MPEP 716.02(b) provides specific guidance: “In order to establish that the claimed intermediate is a ‘contributing cause’ of the unexpectedly superior activity or property of an end product, an applicant must identify the cause of the unexpectedly superior activity or property (compared to…
Read MoreHow can unexpected properties of an end product establish patentability of an intermediate?
MPEP 716.02(b) addresses how unexpected properties of an end product can support the patentability of an intermediate: “The patentability of an intermediate may be established by unexpected properties of an end product ‘when one of ordinary skill in the art would reasonably ascribe to a claimed intermediate the ‘contributing cause’ for such an unexpectedly superior…
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