How does the MPEP address anticipation of ranges in chemical compositions?
The MPEP addresses anticipation of ranges in chemical compositions specifically in MPEP 2131.03. It states:
“In the case of a chemical composition, a reference that clearly names the claimed species anticipates the claim no matter what other components are present in the composition.”
This means that if a prior art reference discloses a chemical composition that includes the claimed species within its range, it may anticipate the claim even if other components are present. The key is that the reference must clearly name or identify the claimed species within its disclosed range.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2131.03 - Anticipation Of Ranges,
Patent Law,
Patent Procedure