This rule is also supported by earlier Supreme Court cases. For example, in Cochrane v. BadischeAnilin& Soda Fabrik, 111 U.S. 298, 4 S.Ct. 455, 28 L.Ed.433 (1884) (“BASF”), natural alizarine was already known in the art. Id . at 311, 4 S.Ct. 455. However, BASF obtained a patent covering artificial alizarine, as produced by a bromine reaction process. Id. at 296, 111 U.S. 293. The accused infringer, Cochrane, then sold artificial alizarine made by a different, sulfurie acid reaction process. Id . at 309, 4 S.Ct.455. The Court reasoned that if the BASF patent were construed to cover the product itself, it would be invalid because the product was old. Id , at 311-12, 4 S.Ct.455. The Court stated that ―[w]hile a new process for producing it was patentable, the product itself could not be patented, even though it was a product made artificially for the first time…..‖ Id. At 311, 4 S.Ct. 455. As the Atlantic Thermoplastics panel recognized, the BASF court thus held that ―a patent applicant could not obtain exclusive rights to a product in the prior art by adding a process limitation to the product claim.‖ Atlantic Thermoplastics , 970 F.2d at 841 (citing BASF , 111 U.S. at 311, 4 S.Ct. 455); see also Tri-Wall Containers, Inc. v. United States , 187 Ct.Cl. 326, 408 F.2d 748, 750-51 (1969), cert. denied , 396 U.S. 828, 90 S.Ct. 78, 24 L.Ed.2d 79 (1969) (following BASF , and stating that "the addition of a method step in a product claim, which product is not patent-ably distinguishable from the prior art, cannot impart patentability to the old product"). This understanding of BASF has been recognized by leading commentators. See, e.g., 3 Chisum on Patents § 8.05[3] (2003 ed.) (citing BASF for the proposition that "[e]ven through a product may be claimed in terms of the process of making it, the product still must be new in structural terms in order to meet the novelty requirement."). Other Supreme Court cases have reached the same conclusion. See Gen. Elec. Co. v. Wabash Appliance Corp ., 304 U.S, 364, 373, 58 S.Ct. 899, 82 L.Ed. 1402 (1988)
