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Federal Circuit Provides Guidance on Obviousness of a Claimed Range of Values, PTAB Litigation Blog

March 2018

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Patent applicants often draft claims to cover various ranges of physical or chemical characteristics. Of primary concern during prosecution are prior art documents that disclose similar, but not overlapping, ranges. In In re Brandt, the Federal Circuit provided clarity as to when a prior art document that discloses similar, but not overlapping, ranges can establish a prima facie case of obviousness.

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