What is the significance of the “In re Wertheim” case in patent claim amendments?
The “In re Wertheim” case is significant in patent law, particularly regarding claim amendments and written description requirements. The MPEP 2163.05 cites this case:
“In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976), the ranges described in the original specification included a range of ‘25%- 60%’ and specific examples of ‘36%’ and ‘50%.’ A corresponding new claim limitation to ‘35%-60%’ did not meet the description requirement because the phrase ‘25% to 60%’ relates to a range of specific temperature range of 35°C to 60°C.”
This case established that when amending claims to include new range limitations, the new range must be clearly supported by the original disclosure. It’s not enough for the new range to fall within a broader disclosed range; there must be specific support for the endpoints of the new range.
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