What evidence can applicants provide to establish nonobvious differences in product-by-process claims?
When facing a rejection of a product-by-process claim, applicants can provide various types of evidence to establish nonobvious differences between their claimed product and the prior art. According to MPEP 2113, this may include: Structural differences: Evidence showing unique structural features resulting from the claimed process. Chemical composition: Data demonstrating different chemical makeup or properties.…
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