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\def\WIPO{World Intellectual Property Organisation}
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Prima Facie Lack of Novelty: When Prior Art Ranges Give Rise to Rebuttable Anticipation
2025
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Title
Prima Facie Lack of Novelty: When Prior Art Ranges Give Rise to Rebuttable Anticipation
Item Type
Journal article
Description
1 online resource
Note
The Court of Appeals for the Federal Circuit has well-established standards for determining whether a claimed numerical range is prima facie obvious under 35 U.S.C. § 103, over a prior art reference disclosing a similar range. In instances of prima facie obviousness, the patent applicant or patentee (hereafter “claim owner”) can rebut such challenge by producing evidence of objective indicia of non-obviousness. By contrast, if the prior art reference discloses a point or a smaller range within the claimed range, the prior art conclusively anticipates the claimed range under 35 U.S.C. § 102, and the claim owner cannot rebut such anticipation. It is fair to say that the law on prima facie obviousness and conclusive anticipation of claimed numerical ranges is stable.
Source of Description
Crossref
Series
AIPLA Quarterly Journal, Spring 2025, Volume 53, Issue 2, p. 277.
Linked Resources
Published
[New York, NY] : Thomson Reuters, 2025.
Language
English
Copyright Information
https://1.next.westlaw.com/Copyright
Record Appears in