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Author Topic: Method and Product of Manufacture Claim  (Read 1059 times)

last_man_standing

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Method and Product of Manufacture Claim
« on: 05-30-08 at 01:04 pm »

This question relates to a method of making something and the object resulting from the method of manufacture. If I believe the method of manufacture has a low probability of being allowed, would it be better (from a prosecution standpoint) to just use a single product by process claim to the article of manufacture (which may be patentable). Are there risks from using the two claim format? If I can just amend to the second form during prosecution, that would not seem overly onerous.

Ideally

1. Method of making widget
2. claim the widget by method of claim 1.

or

1. Product by process manufacture of widget describing the method of claim 1 above.

Thank You
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