What is the significance of “sufficient specificity” in anticipation of ranges?
“Sufficient specificity” is a crucial concept in determining whether a prior art reference anticipates a claimed range. According to MPEP 2131.03: “When the prior art discloses a range which touches or overlaps the claimed range, but no specific examples falling within the claimed range are disclosed, a case by case determination must be made as…
Read MoreHow 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 legal standard for obviousness of overlapping ranges?
According to MPEP 2144.05, “In the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” This principle is based on several court decisions, including In re Wertheim and In re Woodruff. The MPEP further states: “[A] prior art reference that discloses a…
Read MoreHow 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 MoreWhat is the difference between anticipation and obviousness for overlapping ranges?
The distinction between anticipation and obviousness for overlapping ranges is crucial in patent law. Anticipation under 35 U.S.C. 102 requires that all elements of the claimed invention are disclosed in a single prior art reference, while obviousness under 35 U.S.C. 103 allows for combinations of references and considers what would have been obvious to a…
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