How does the “was-was” analysis apply to product-by-process claims?
The “was-was” analysis is a key concept in evaluating product-by-process claims. According to MPEP 2113: “The structure implied by the process steps should be considered when assessing the patentability of product-by-process claims over the prior art, especially where the product can only be defined by the process steps by which the product is made, or…
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