What is anticipation of ranges in patent law?
Anticipation of ranges in patent law refers to situations where a prior art reference discloses a range that overlaps with or includes the range claimed in a patent application. According to MPEP 2131.03, a claim can be anticipated if the prior art discloses a specific example within the claimed range or if it teaches a range that overlaps or touches the claimed range with “sufficient specificity.”
As stated in the MPEP:
“[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art.” Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)
This means that if a prior art reference discloses even one specific example that falls within the claimed range, it can anticipate the entire range.
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