What is the distinction between a process of making and a product made?
A process of making and a product made by the process can be shown to be distinct inventions if either or both of the following can be demonstrated:
- (A) The process as claimed is not an obvious process of making the product and can be used to make another materially different product, or
- (B) The product as claimed can be made by another materially different process.
As stated in MPEP 806.05(f): “Allegations of different processes or products need not be documented.” This means that the examiner can make these assertions without providing specific evidence.
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