MPEP Q&A 129: How Applicants Can Rebut a Prima Facie Case of Obviousness Based on Overlapping Ranges? - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2018-02-13T15:00:35
Question: How can applicants rebut a prima facie case of obviousness based on overlapping ranges? Answer: Applicants can rebut a prima facie case of obviousness based on overlapping ranges by showing the criticality of the claimed range. In addition, an applicant can rebut a presumption of obviousness based on a claimed invention that falls within a prior art range by showing “(1) [t]hat the prior art taught away from the claimed invention…or (2) that there are new and unexpected results relative to the prior art. Chapter Details: The answer to this question can be found in chapter 2100 of the…
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