Can a compound be anticipated if its use is not disclosed in the prior art?

Yes, a compound can be anticipated even if its use is not disclosed in the prior art. The MPEP 2122 provides a clear example:

“The application claimed compounds used in ophthalmic compositions to treat dry eye syndrome. The examiner found a printed publication which disclosed the claimed compound but did not disclose a use for the compound. The court found that the claim was anticipated since the compound and a process of making it was taught by the reference.”

This example from In re Schoenwald demonstrates that anticipation can occur when the prior art discloses the compound and how to make it, regardless of whether a specific use is mentioned. The key is the disclosure of the compound itself, not its utility.

To learn more:

• compound anticipation
• use disclosure
• prior art