How does the MPEP distinguish between compounds and mixtures in terms of obviousness?
The Manual of Patent Examining Procedure (MPEP) makes an important distinction between compounds and mixtures when considering obviousness. MPEP 2144.02 states:
“The known chemical relationship between structurally similar compounds (homologs, analogs, isomers) did not support a finding of prima facie obviousness of claimed zeolite over the prior art because a zeolite is not a compound but a mixture of compounds related to each other by a particular crystal structure.”
This distinction is crucial because it affects how patent examiners apply obviousness standards. While structural similarities between compounds may often support a prima facie case of obviousness, the same logic may not apply to complex mixtures like zeolites. Each mixture must be evaluated based on its specific composition and structure, rather than relying on general principles of structural similarity.
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