How can an applicant rebut a prima facie case of obviousness for overlapping ranges?
An applicant can rebut a prima facie case of obviousness for overlapping ranges in several ways, as outlined in MPEP 2144.05: Showing criticality of the range: The applicant must demonstrate that the claimed range is critical, generally by showing unexpected results relative to the prior art range. Teaching away: The applicant can show that the…
Read MoreWhat is the relationship between criticality and obviousness in patent law?
Criticality plays a crucial role in rebutting obviousness rejections, particularly in cases involving ranges or amounts. According to MPEP 2144.05: “Applicants can rebut a prima facie case of obviousness by showing the criticality of the range. ‘The law is replete with cases in which the difference between the claimed invention and the prior art is…
Read MoreHow does criticality affect anticipation of ranges?
Criticality can play a significant role in determining whether a prior art range anticipates a claimed range, especially when the ranges overlap or are close. If an applicant can demonstrate that the claimed range is critical to the invention’s function or produces unexpected results, it may overcome an anticipation rejection. The MPEP 2131.03 discusses this…
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