2100 Patentability

2111.05 "or process" lacks cited support

In MPEP 2111.05, either citations to related-to-process based decisions should be provided, or the subheadings should be altered to remove parenthetical reference to processes.

 

The two subheadings in question are:

I. DETERMINING WHETHER A FUNCTIONAL RELATIONSHIP EXISTS BETWEEN PRINTED MATTER AND ASSOCIATED PRODUCT (OR PROCESS)

II. FUNCTIONAL RELATIONSHIP BETWEEN PRINTED MATTER AND ASSOCIATED PRODUCT (OR PROCESS) MUST BE NEW AND UNOBVIOUS

 

None of the cited decisions in this MPEP section as a whole are described as showing a functional relationship between printed matter and a process, and even the text of MPEP 2111.05 only discusses the doctrine with respect to a "product" or "a physical substrate." A very brief and cursory search in an internet-accessible reporter did not find any decisions that turned on descriptive material having/not having patentable weight based on some relationship with a process. Do these even exist? If so, they should be cited; if not, the subheadings should be amended.

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Idea No. 229