How does the MPEP address anticipation of ranges in chemical compositions?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The MPEP addresses anticipation of ranges in chemical compositions specifically in MPEP 2131.03 . It states: “In the case of a chemical composition, a reference that clearly names the claimed species anticipates the claim no matter what other components are present in the composition.” This means that if a prior art reference discloses a chemical composition that includes the claimed species within its range, it may anticipate the claim even if other components are present. The key is that the reference must clearly name or identify the claimed species within its disclosed range. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Anticipated by Prior Art Within Range MPEP 2131.03 Claim Is Anticipated If Prior Art Discloses Point Within Range MPEP 2131.03 Claim Must Be Anticipated Over Prior Art MPEP 2131 Obviousness of Ranges Must Be Reasoned MPEP 2131.03 Invention Must Not Be Anticipated by Prior Art MPEP 2131 Permitted Claim Range Anticipated by Prior Art Point MPEP 2131.03 Claim Covers Several Compositions Anticipated If One Is In Prior Art MPEP 2131.03 Case by Case Anticipation for Overlapping Ranges MPEP 2131.03 Required Claimed Range Must Be Clearly Disclosed MPEP 2131.03 Claim Covers Several Compositions If One Is Anticipated MPEP 2131.03 Other Related FAQs 5 FAQs Collapse What is anticipation of ranges in patent law? What is the difference between anticipation and obviousness for overlapping ranges? How does criticality affect anticipation of ranges? How does the MPEP treat anticipation of ranges in temperature and other process parameters? How does a specific example in prior art anticipate a claimed range?