How does the “patentability of a product” relate to its method of production in product-by-process claims?
The patentability of a product claimed in a product-by-process claim is based on the product itself, not the method of production. 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…
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