How does a specific example in prior art anticipate a claimed range?

A specific example in prior art can anticipate a claimed range if it falls within that range. This is based on the principle that disclosing a species (specific example) anticipates a genus (range) that includes that species.

The MPEP 2131.03 provides an illustrative example:

“Claims to titanium (Ti) alloy with 0.6-0.9% nickel (Ni) and 0.2-0.4% molybdenum (Mo) were held anticipated by a graph in a Russian article on Ti-Mo-Ni alloys because the graph contained an actual data point corresponding to a Ti alloy containing 0.25% Mo and 0.75% Ni and this composition was within the claimed range of compositions.”

This example demonstrates that even a single data point within a claimed range can be sufficient to anticipate the entire range, as long as it is clearly disclosed in the prior art.

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Topics: MPEP 2100 - Patentability, MPEP 2131.03 - Anticipation Of Ranges, Patent Law, Patent Procedure
Tags: Anticipation, Claimed Range, Specific Example