How does MPEP treat optimization of ranges through routine experimentation?

How does MPEP treat optimization of ranges through routine experimentation?

The MPEP addresses the optimization of ranges through routine experimentation in section 2144.05. According to this guidance:

“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.”

This principle, derived from In re Aller, suggests that:

• Optimizing a range through routine experimentation is generally not considered inventive
• If the prior art discloses the general conditions of the claimed invention, finding the best range is often considered obvious
• The applicant may overcome this by showing that the claimed range produces unexpected results or is critical to the invention’s function

However, the MPEP also notes that there are exceptions to this rule, particularly when the parameter being optimized was not recognized as a result-effective variable in the prior art.

To learn more:

• routine experimentation
• range optimization
• obviousness
• In re Aller