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…

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What 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…

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What 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…

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