Provided that they are allowable, the process features in a product claim comprising both product features and process features can establish the novelty of the claimed product only if they cause the claimed product to have different properties from the products known from the prior art. As in the case of product-by-process claims (see F‑IV, 4.12), the burden of proof for an allegedly distinguishing "product-by-process" feature lies with the applicant.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/f_iv_4_12_1.htm
Date retrieved: 17 May 2021