What is a result-effective variable in patent law?
A result-effective variable is a parameter that is recognized in the prior art as affecting a particular result or outcome. The concept is important in patent law, particularly in obviousness determinations. According to MPEP 2144.05: “A recognition in the prior art that a property is affected by the variable is sufficient to find the variable…
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…
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