Can an examiner make an obviousness rejection where prior art cites chemical amounts of 34.9% and the applicant’s range starts at 35%?
MPEP 2144.05 “A prima facie case of obviousness exists where the claimed ranges and the prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties.”
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Got this question yesterday, but it was based of old exam with prior art range of 35-55 and applicant claimed 34.9-55.1 and unless they can show that this range has different properties it IS obvious because it is so close,
I got this.
Obvious.