What is the difference between anticipation and obviousness for overlapping ranges?
The distinction between anticipation and obviousness for overlapping ranges is crucial in patent law. Anticipation under 35 U.S.C. 102 requires that all elements of the claimed invention are disclosed in a single prior art reference, while obviousness under 35 U.S.C. 103 allows for combinations of references and considers what would have been obvious to a person of ordinary skill in the art.
For overlapping ranges, the MPEP 2131.03 states:
“A 35 U.S.C. 102 and 103 combination rejection is permitted if it is unclear if the reference teaches the range with ‘sufficient specificity.’ The examiner must, in this case, provide reasons for anticipation as well as a reasoned statement regarding obviousness.”
This means that when it’s not clear whether a prior art range anticipates a claimed range with sufficient specificity, examiners may issue both anticipation and obviousness rejections. The key differences are:
- Anticipation (102): Requires the prior art to disclose the claimed range with ‘sufficient specificity’.
- Obviousness (103): Considers whether the claimed range would have been obvious to one skilled in the art, even if not specifically disclosed.
For obviousness of ranges, refer to MPEP 2144.05 for detailed guidance on prima facie obviousness of similar and overlapping ranges, amounts, and proportions.
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