What are “narrow and broader ranges” in the same claim?
What are “narrow and broader ranges” in the same claim?
“Narrow and broader ranges” in the same claim refer to situations where a patent claim includes both a specific value or narrow range and a broader range that encompasses the narrow range. The MPEP 2173.05(c) addresses this issue:
“A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired.”
For example, a claim might state “a length of 5 to 25 centimeters, preferably 15 to 20 centimeters.” This practice can lead to indefiniteness because:
- It’s unclear which range is actually being claimed
- The word “preferably” doesn’t clearly define the claim scope
- It may create uncertainty about the intended protection
Examiners must carefully evaluate such claims to ensure they meet the definiteness requirement under 35 U.S.C. 112(b).
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