Product claim with process features 

A claim defining a product and comprising both product features and process features, i.e. features for a process to manufacture the product, does not contravene the requirements of Art. 84.

However, Provided that they are allowable, the process features in a product claim comprising both product features and process features can establish the novelty of the claimed product only if they cause it the claimed product to have different properties from the products previously describedknown from the prior art. As in the case of product-by-process claims (see F‑IV, 4.12), the burden of proof for an allegedly distinguishing "product-by-process" feature lies with the applicant.

Quick Navigation