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 are “open-ended” numerical ranges in patent claims?
What are “open-ended” numerical ranges in patent claims? “Open-ended” numerical ranges in patent claims refer to ranges that have only one defined boundary. The Manual of Patent Examining Procedure (MPEP) 2173.05(c) states: “Open-ended numerical ranges should be carefully analyzed for definiteness.” Examples of open-ended ranges include: “greater than 5” “at least 10” “below 100” These…
Read MoreWhat are “narrow and broader ranges” in the same claim?
What are “narrow and broader ranges” in the same claim? “Narrow and broader ranges” in the same claim refer to situations where a patent claim includes both a specific value or narrow range and a broader range that encompasses the narrow range. The MPEP 2173.05(c) addresses this issue: “A broad range or limitation together with…
Read MoreHow does the MPEP address “about” in numerical range limitations?
How does the MPEP address “about” in numerical range limitations? The MPEP 2173.05(c) addresses the use of “about” in numerical range limitations. It states: “The use of ‘about’ in conjunction with a specific number or numerical range in a claim must be evaluated on a case-by-case basis.” The term “about” is often used to indicate…
Read MoreWhat are examples of claim language that have been held to be indefinite regarding numerical ranges?
The MPEP provides specific examples of claim language involving numerical ranges that have been held to be indefinite. These examples illustrate potential issues with clarity and definiteness in patent claims. As stated in MPEP 2173.05(c): “Examples of claim language which have been held to be indefinite are: (A) “a temperature of between 45 and 78…
Read MoreHow are numerical ranges in patent claims evaluated for definiteness?
Generally, the recitation of specific numerical ranges in a claim does not raise an issue of whether a claim is definite. However, there are certain situations where numerical ranges can lead to indefiniteness: When a narrow range falls within a broader range in the same claim, it may render the claim indefinite if the boundaries…
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