Product Claims Can Be Limited to the Process by Which the Product is Made

AFG Industries, Inc. v. Cardinal IG Company, Inc., [05-1601](March 30, 2007)[NEWMAN, Mayer, Radar] NON-PRECEDENTIAL The Federal Circuit reversed in part a determination of infringement of U.S. Patent No. 4,859,532, and remanded for recalculation of damages.
BRIEF: In order to sustain the validity of the patent, AFG had narrowed the claims to products with a zinc oxide core produced in a single sputter deposition. The Federal Circuit noted that the process by which a product is produced can limit a product claim when, as here, the process is relied on for patentability and validity. Thus the Federal Circuit reversed the finding of infringement of Cardinal Products that were not made with the single sputter deposition process, and remanded for recalculation of damages.