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   Author  Topic: Unexpected Results rebuttal  (Read 1022 times)


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Unexpected Results rebuttal
« on: Dec 4th, 2006, 6:46pm »
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Applicant's evidence of unexpected results establishes a critical range within the prior art range.  Does the applicant have to claim the entire critical range or is it sufficient to claim a portion of this range as the claimed invention in order to overcome an obviousness rejection?
Thank you.
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Bill Richards
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Re: Unexpected Results rebuttal
« Reply #1 on: Dec 5th, 2006, 3:11pm »
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Why would one want to claim less than that to which one may be entitled?  If the prior art discloses 0.1 to 10 and you've found 4.3 to 6.9 to be critical, why claim 5.0 to 6.3?  Of course, you could narrow the range in a dependent claim.
Am I missing something here?
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
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