When does naming a species in prior art anticipate a claim?
Naming a species in prior art can anticipate a claim when the species is clearly and specifically named, regardless of how many other species are also mentioned. The MPEP states:
“A reference that clearly names the claimed species anticipates the claim no matter how many other species are named.” (MPEP 2131.02)
This means that even if a prior art reference lists numerous compounds or species, if it specifically names the compound you’re claiming, your claim may be anticipated. The comprehensiveness of the listing doesn’t negate the fact that your specific compound was taught.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2131.02 - Genus - Species Situations,
Patent Law,
Patent Procedure