What is the significance of the ‘In re Preda’ case in understanding implicit disclosure?
The In re Preda case is significant in understanding implicit disclosure as it provides a clear example of how the concept is applied in patent examination. According to MPEP 2144.01:
“A process for catalytically producing carbon disulfide by reacting sulfur vapor and methane in the presence of charcoal at a temperature of ‘about 750-830°C’ was found to be met by a reference which expressly taught the same process at 700°C because the reference recognized the possibility of using temperatures greater than 750°C.”
This case illustrates that a reference can implicitly disclose a range of temperatures even when it explicitly mentions a lower temperature. The key is that the reference acknowledged the feasibility of higher temperatures, which was considered an implicit disclosure of the claimed range.
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