How does the MPEP treat anticipation of ranges in temperature and other process parameters?
The MPEP addresses anticipation of ranges in temperature and other process parameters in MPEP 2131.03. It states:
“If the claims are directed to a narrow range, and the reference teaches a broader range, other facts of the case, must be considered when determining whether the narrow range is disclosed with “sufficient specificity” to constitute an anticipation of the claims.”
This means that for process parameters like temperature, pressure, or time, a prior art reference disclosing a broader range may still anticipate a narrower claimed range. However, the examiner must consider additional factors to determine if the disclosure is sufficiently specific. These factors may include:
- The criticality of the claimed range
- The predictability of the technology
- The relative breadth of the prior art range compared to the claimed range
- Any teaching in the prior art that points to the claimed range
Each case is evaluated individually based on these and other relevant factors.
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