What is the significance of the Perricone v. Medicis Pharm. Corp. case in genus-species anticipation?
The Perricone v. Medicis Pharm. Corp. case is significant in understanding genus-species anticipation in patent law. As discussed in MPEP 2131.02, this case provides important insights into how prior art disclosures are interpreted in relation to genus-species claims.
The MPEP cites the case:
“In Perricone v. Medicis Pharm. Corp., 432 F.3d 1368, 1376-77, 77 USPQ2d 1321, 1327 (Fed. Cir. 2005), the court found that one of ordinary skill in the art would have recognized the prior art’s teaching of application of a composition to skin to be encompassed by the claim term “topically applying” (even if the technical definition of “topical” might have suggested application to the surface of any body part).”
This case illustrates that the interpretation of claim terms can be broader than their strict technical definitions, and that a prior art disclosure may anticipate a claim even if it doesn’t use the exact same terminology, as long as one of ordinary skill in the art would understand the disclosure to encompass the claimed subject matter.
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