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[joejoecor]

When you are examining a set of method claims and you find art that has the exact same structure using a different method to make the product you can still reject. Right? If this is the case what is the sense of having a method claim since structure can knock it out? I apologize if I am missing the side of the barn.

[sandyboss007]

You should claim 'process' not the product. Not sure what exactly you are asking but method claim is not a product by process claim.

[joejoecor]

Thanks for the response... It appears to me that since the degree of patentability lies in the product, not so much the actual process of making it, that an inventor should really just claim the product ("cut to the chase" so to speak). Why bother with the process, since the product by process claim is only as novel as its product? If the inventor wants the "process" part, why not just submit a method claim. Is there a benefit to claiming both product and process of making it for the inventor down the road? From what I remember while examining I would reject a product by process claim that is within a set of apparatus claims by saying I have your structure so I do not have to find process since it is an apparatus claim... I am sorry if I am not getting it.. Thanks