How are range limitations evaluated under the written description requirement?
Range limitations are evaluated based on what one skilled in the art would consider inherently supported by the original disclosure. The MPEP 2163.05 provides guidance: “With respect to changing numerical range limitations, the analysis must take into account which ranges one skilled in the art would consider inherently supported by the discussion in the original…
Read MoreWhat is the significance of the “In re Wertheim” case in patent claim amendments?
The “In re Wertheim” case is significant in patent law, particularly regarding claim amendments and written description requirements. The MPEP 2163.05 cites this case: “In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976), the ranges described in the original specification included a range of ‘25%- 60%’ and specific examples of ‘36%’ and ‘50%.’…
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