Can a process claim be rejected if it describes the function of a disclosed machine?

No, a process claim cannot be rejected solely because it describes the function of a disclosed machine. The MPEP 2173.05(v) clearly states:

“Process or method claims are not subject to rejection by U.S. Patent and Trademark Office examiners under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, solely on the ground that they define the inherent function of a disclosed machine or apparatus.”

This means that as long as a process claim is otherwise patentable, it should not be rejected merely because it describes steps that a disclosed apparatus would inherently perform. The claim should be evaluated on its own merits, independent of any related apparatus claims.

To learn more:

• Process Claims
• Patent Rejection
• Machine Function
• 35 U.S.C. 112
• Patent Examination