Appeal No. 1998-2376 Page 6
Application No. 08/400,325
appellant argues, "Griffin does not disclose or suggest an
extruded housing for a linear direct-indirect housing feature
where the sidewalls, central housing structure and baffle
plates are all fabricated as one part." (Appeal Br. at 7.)
Claims 1-6 recite a product by process. "If the product
in a product-by-process claim is the same as or obvious from a
product of the prior art, the claim is unpatentable even
though the prior product was made by a different process."
In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir.
1985) (citing In re Marosi, 710 F.2d 799, 803, 218 USPQ 289,
292-93 (Fed. Cir. 1983); Johnson & Johnson v. W.L. Gore,
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