What is the legal standard for obviousness of overlapping ranges?
According to MPEP 2144.05, “In the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” This principle is based on several court decisions, including In re Wertheim and In re Woodruff.
The MPEP further states: “[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness.” This means that even if the claimed range is narrower than the prior art range, it may still be considered obvious if it falls within the broader prior art range.
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Topics:
Amounts,
And Proportions,
MPEP 2100 - Patentability,
MPEP 2144.05 - Obviousness Of Similar And Overlapping Ranges,
Patent Law,
Patent Procedure