What is ‘sufficient specificity’ in the context of anticipation of ranges?
‘Sufficient specificity’ is a key concept in determining whether a prior art range anticipates a claimed range when there is overlap but no specific examples within the claimed range. According to MPEP 2131.03:
“When the prior art discloses a range which touches or overlaps the claimed range, but no specific examples falling within the claimed range are disclosed, a case by case determination must be made as to anticipation. In order to anticipate the claims, the claimed subject matter must be disclosed in the reference with ‘sufficient specificity to constitute an anticipation under the statute.'”
The determination of ‘sufficient specificity’ is fact-dependent and considers factors such as the breadth of the claimed range, the breadth of the prior art range, and any evidence of criticality or unexpected results within the claimed range. For instance, a narrow claimed range within a much broader prior art range might not be considered disclosed with ‘sufficient specificity’ to anticipate the claim.
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