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https://www.uspto.gov/web/offices/pac/mpep/s2144.html
2144.02 Reliance on Scientific Theory [R-08.2012] The rationale to support a rejection under 35 U.S.C. 103 may rely on logic and sound scientific principle. In re Soli, 317 F.2d 941, 137 USPQ 797 (CCPA 1963). However, when an examiner relies on a scientific theory, evidentiary support for the existence and meaning of that theory must be provided.
https://www.uspto.gov/web/offices/pac/mpep/s2163.html
2163.01 Support for the Claimed Subject Matter in Disclosure [R-11.2013] A written description requirement issue generally involves the question of whether the subject matter of a claim is supported by [conforms to] the disclosure of an application as filed.
https://www.bitlaw.com/source/mpep/2173_05_c.html
M.P.E.P. Section 2173.05(c): Numerical Ranges and Amounts Limitations. Taken from the 9th Edition of the MPEP, Revision 08.2017, (Last Revised Jan. 2018). Updated in BitLaw in February 2018
https://www.bitlaw.com/source/mpep/2144_05.html
2144.05 Obviousness of Similar and Overlapping Ranges, Amounts, and Proportions [R-08.2017] See MPEP § 2131.03 for case law pertaining to rejections based on the anticipation of ranges under 35 U.S.C. 102 and 35 U.S.C. 102 /103.
https://bitlaw.com/source/mpep/2163_05.html
2163.05 Changes to the Scope of Claims [R-07.2015] The failure to meet the written description requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, commonly arises when the claims are changed after filing to either broaden or narrow the breadth of the claim limitations, or to alter a numerical range limitation or to use claim language which is not synonymous with the ...
https://mpep.uspto.gov/RDMS/MPEP/print?version=E8r8&href=d0e211255.html
The court further stated that the "range" disclosed in multiple prior art patents is "a distinction without a difference" from previous range cases which involved a range disclosed in a single patent since the "prior art suggested that a larger number of elongated grips in the weight plates was beneficial… thus plainly suggesting that one ...
https://www.wnlaw.com/blog/making-amendments-range-limitations-patent-claims/
Feb 20, 2018 · Nevertheless, the precedent established by In re Wertheim can often provide practitioners with greater flexibility in crafting numerical ranges that avoid prior art without overly narrowing claim scope. MPEP § 2131.03 (II). MPEP § 2144.05 (I); In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003).Location: 60 East South Temple Suite 1000 Salt Lake UT 84111
https://www.uspto.gov/web/offices/pac/mpep/s2173.html
2173 Claims Must Particularly Point Out and Distinctly Claim the Invention [R-11.2013] Optimizing patent quality by providing clear notice to the public of the boundaries of the inventive subject matter protected by a patent grant fosters innovation and competitiveness.
https://www.uspto.gov/web/offices/pac/mpep/s2131.html
2131 Anticipation — Application of 35 U.S.C. 102 [R-08.2017] A claimed invention may be rejected under 35 U.S.C. 102 when the invention is anticipated (or is “not novel”) over a disclosure that is available as prior art. To reject a claim as anticipated by a reference, the disclosure must teach every element required by the claim under its broadest reasonable interpretation.
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