What is the relationship between a chemical composition and its properties in patent law?
In patent law, a chemical composition and its properties are considered inseparable. This principle is outlined in MPEP 2112.01(II): “Products of identical chemical composition can not have mutually exclusive properties.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). The MPEP further explains: “A chemical composition and its properties are…
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