Prima Facie Obviousness: Much Ado "Abut" Ranges

Addressing the issue of claims that recite a range that abuts but does not overlap that of a prior art reference, the US Court of Appeals for the Federal Circuit upheld the Patent Trial and Appeal Board's (PTAB's) finding of a prima facie case of obviousness. In Re: Brandt, Case No. 16-2601 (Fed. Cir., Mar. 27, 2018) (Reyna, J). 

The application in issue relates to "high density polyurethane or polyisocyanurate construction boards, as well as their use in flat or low-slope roofing systems." The independent claim recited as a feature "said coverboard having a density greater than 2.5 pounds per cubic foot and less than 6 pounds per cubic foot."

During examination, the examiner issued a final rejection under 35 USC § 103(a) over a prior art reference disclosing a prefabricated roofing panel with a coverboard having a polymer material core layer with a density "between 6 lbs/ft³ and 25 lbs/ft³ and preferably a density of at least 8 lbs/ft³." The examiner took the