IP Blog

product-by-process

CAFC: “Injection Molded” is not Product-by-Process

In In Re: Nordt Development Co., the CAFC vacated the Board’s finding that the claim term “injection molded” was a product-by-process limitation that was not afforded patentable weight.  Claim 1 includes many instances of “injection molded.”  One example, is “a hinge mechanism comprising an injection molded component and injection molded first and second arm components.”  The specification includes two paragraphs...

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“Molded” Construed as Product-by-Process in IPR

In the Final Written Decision in L&P Property Management Company v. National Products Inc., the PTAB construed the terms “molded docking station,” “molded wall,” and “molded apparatus body” as product-by-process limitations.  The PTAB based this conclusion largely on intrinsic evidence, and since the specification primarily described “molded” in terms of the process by which the part is made, as opposed...

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