34.9% obvious to 35%-55% range
From Patentbarquestions
Q) Obviousness
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.”
A past exam question (?) involving a chemical formula is obvious with 34.9% compared to 35% in prior art
or 34.9% and 65.1% (obviousness)

