Originally published on March 15, 2012
The Federal Circuit recently addressed the patentability of
ranges. In ClearValue, Inc. v. Pearl River Polymers, Inc.,
decided on February 17, 2012, the court reversed a denial of
Judgment as a Matter of Law (JMOL) seeking a ruling of anticipation
and found the claimed invention, which recites a clarification
process for "water of raw alkalinity less than or equal to 50
ppm" by using a blend of a high molecular weight polymer and
an aluminum polymer, to be anticipated by a reference that
disclosed the same blend for clarifying water of "up to 150
ppm."
It is well settled law that disclosure of a genus in the prior
art is not necessarily a disclosure of every species that is a
member of that genus. However, there is a prima facie presumption
of obviousness for overlapping ranges. The presumption exists even
if the overlap in ranges is slight. This presumption may also exist
if the ranges do not overlap but are "close enough."
