What is the “at once envisaged” standard in patent anticipation?
The “at once envisaged” standard in patent anticipation refers to situations where a generic disclosure in prior art can anticipate a claimed species if the species can be immediately and clearly conceived from the disclosure. The MPEP explains:
“A reference disclosure can anticipate a claim when the reference describes the limitations but ‘d[oes] not expressly spell out’ the limitations as arranged or combined as in the claim, if a person of skill in the art, reading the reference, would ‘at once envisage’ the claimed arrangement or combination.” (MPEP 2131.02)
This standard applies when the prior art doesn’t explicitly state all elements of a claim but a person skilled in the art would immediately recognize the claimed invention from the disclosure. It’s particularly relevant in cases involving chemical compounds or limited combinations of elements.
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