How can an applicant overcome a rejection based on anticipation of ranges?

When facing a rejection based on anticipation of ranges, an applicant can take several approaches to overcome the rejection:

1. Demonstrate criticality: Show that the claimed range has unexpected results or critical properties not found in the prior art range.
2. Argue lack of enablement: If the prior art doesn’t enable one skilled in the art to practice the invention across the entire disclosed range, it may not anticipate.
3. Show teaching away: If the prior art teaches away from the claimed range, it may not anticipate.
4. Prove different properties: Demonstrate that the claimed range produces different properties or results compared to the prior art range.

As stated in MPEP 2131.03(III): “A 35 U.S.C. 102 and 103 combination rejection is permitted if it is unclear if the reference teaches the range with ‘sufficient specificity.'”

Applicants should provide clear evidence or arguments to show why their claimed range is not anticipated by the prior art range.

To learn more:

• anticipation of ranges
• overcoming rejection
• patent application