How does a prior art reference disclosing a range overlap with a claimed range affect patentability?

When a prior art reference discloses a range that overlaps with a claimed range, it can affect patentability in the following ways:

  • If the prior art range overlaps or lies inside the claimed range, it may establish a prima facie case of obviousness.
  • The overlapping ranges create an expectation that the claimed range will have similar properties to the prior art range.
  • To overcome this rejection, the applicant must demonstrate that the claimed range is critical or produces unexpected results.

As stated in MPEP 2144.05(I): “In the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”

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Topics: MPEP 2100 - Patentability, MPEP 2131.03 - Anticipation Of Ranges, Patent Law, Patent Procedure
Tags: Obviousness, patentability, Range Overlap