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   Withdrawn product by process allowed method claims
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   Author  Topic: Withdrawn product by process allowed method claims  (Read 1317 times)
Lily
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Withdrawn product by process allowed method claims
« on: Sep 11th, 2006, 12:16pm »
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Cheesy
 
Good news, I have some method claims that appear to be allowable after some tweaking to overcome an indefinite rejection.  
 
I have product by process claims I want allowed with them.  Initially I had a restriciton requirement and my product by process claims were "withdrawn".
 
How do I ask the Examiner to consider them so the product by process claims can be changed from withdrawn status to XX?  Does it require a petition?  Do I do submit a petition after the method claims are allowed?  
Thanks for the help.
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Isaac
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Re: Withdrawn product by process allowed method cl
« Reply #1 on: Sep 11th, 2006, 12:25pm »
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The fact that your method claims are allowable alone is almost certainly not relevant to the reasons for restricting between method claims and product by process claims.  
 
Further, its already too late to present arguments that were available at the time the restriction was made.
 
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Isaac
Lily
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Re: Withdrawn product by process allowed method cl
« Reply #2 on: Sep 11th, 2006, 12:31pm »
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Really?  what is a "rejoinder"?  My product by process claims would depend from the method claim.
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Isaac
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Re: Withdrawn product by process allowed method cl
« Reply #3 on: Sep 11th, 2006, 1:02pm »
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on Sep 11th, 2006, 12:31pm, Lily wrote:
Really?  what is a "rejoinder"?  My product by process claims would depend from the method claim.

 
Your question makes the raises some interesting issues, but I believe the answer is as I originally gave
 
Your product by process claim references the method claim, but I don't believe such a claim is truly a dependent claim in the ordinary sense.
 
A product by process claim is drawn to a product with the recited process steps being used to define the product in terms the process used to make the product.   The scope of a product by process claim is the product made by *any* method.  
 
If the restriction was made on the basis that the product might be made by means other than the claimed method, simply finding the method allowable does not mean that the product is allowable.  
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Isaac
Lily
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Re: Withdrawn product by process allowed method cl
« Reply #4 on: Sep 11th, 2006, 1:26pm »
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OKay.  Thank you, Isaac.
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