What is the distinction between a process of making and a product made?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.