Examples - Biotechnological Process

General. The following hypothetical examples teach this concept:

Hypothetical Example No. 1. Kate invents a process for genetically altering a bacterium so that it expresses an exogenous nucleotide sequence. She files a U.S. patent application that claims the process and an novel and nonobvious composition of matter used in the process and elects to proceed under 35 U.S.C. 103(b). The USPTO grants Kate a patent on the process and the claimed composition of matter.

Hypothetical Example No. 2. Nikola invents a cell fusion procedure yielding a cell line that expresses a specific protein that is novel and nonobvious. He files a U.S. patent application that claims the process and an novel and nonobvious composition of matter (protein) produced by the process and elects to proceed under 35 U.S.C. 103(b). The USPTO grants Nikola a patent on the process and the claimed composition of matter.

Case Law. The following examples from U.S. case law teach this concept: