How does the MPEP address the prima facie case of obviousness for ranges?
How does the MPEP address the prima facie case of obviousness for ranges? The MPEP addresses the prima facie case of obviousness for ranges in MPEP 2144.05. According to this section: “In the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”…
Read MoreHow should commercial success be demonstrated for inventions with claimed ranges?
For inventions with claimed ranges, it’s not necessary to demonstrate commercial success at every point within the range. Evidence of substantial commercial success at a typical point within the claimed range can be persuasive, especially if operation throughout the range is similar. The MPEP 716.03(a) cites a precedent: “Where, as here, the claims are directed…
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