What is the significance of the ‘In re Preda’ case in understanding implicit disclosure?

The In re Preda case is significant in understanding implicit disclosure as it provides a clear example of how the concept is applied in patent examination. According to MPEP 2144.01:

“A process for catalytically producing carbon disulfide by reacting sulfur vapor and methane in the presence of charcoal at a temperature of ‘about 750-830°C’ was found to be met by a reference which expressly taught the same process at 700°C because the reference recognized the possibility of using temperatures greater than 750°C.”

This case illustrates that a reference can implicitly disclose a range of temperatures even when it explicitly mentions a lower temperature. The key is that the reference acknowledged the feasibility of higher temperatures, which was considered an implicit disclosure of the claimed range.

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2144.01 - Implicit Disclosure, Patent Law, Patent Procedure
Tags: Implicit Disclosure, In Re Preda, patent case law, Temperature Ranges