34.9% obvious to 35%-55% range

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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)

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