What is the significance of “sufficient specificity” in anticipation of ranges?
“Sufficient specificity” is a crucial concept in determining whether a prior art reference anticipates a 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.”
This means that even if a prior art range overlaps with a claimed range, it may not automatically anticipate the claim. The examiner must determine if the disclosure is specific enough to teach the claimed invention to a person of ordinary skill in the art. Factors such as the size of the range, the specificity of the teaching, and the predictability in the art are considered in making this determination.
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