"from CoM patent standpoint, I think it is still infringing...because it is a patent on the end product or its specification. From a process standpoint, it is non-infringing"
How would that be?
Suppose every Tom, Dick and Harry is making widgets that weight 8-10 lbs, because that is how they have always been made.
Some bright boy figures out that 7.8-8.5 is MUCH better and gets a valid patent.
This does not stop people from making the old 8-10 lb widgets because they overlap. Even if an individual widget was under 8.5 it would not infringe.
It would only prevent those trying to make widgets specifically in the lower range.
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