Appeal No. 2002-0652
Application No. 08/465,072
expressly provides protection of a "product" made by the claimed
process and covers "products" even without reciting "product"
terminology.
Section 271(g) excludes others from using or selling
throughout the United States, or importing into the United
States, products made by a patented process. The "products" in
§ 271(g) refer to the clearly identified end products of a
manufacturing process, such as a particular chemical produced by
a chemical process. That is, the patent claims would recite a
process for making a specific named machine, manufacture, or
composition of matter and would not just recite a "product"
without saying what it is. Section 271(g) does not answer the
question of where the present specification describes what the
product is or where it describes making the undescribed product
as an additional step after the end of the process. The "making
a product" claims do not recite that the product is what is made
by the process of the independent claim as argued by appellant.
The issue is not whether the term "product" is found somewhere in
the patent statute, or whether the result of a process is always
a "product," but whether there is written description support for
the additional step of "making a product," in particular, for
what the "product" is, and how it is "made." If appellant is
somehow arguing that § 271(g) allows claims using the generic
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