UCB, Inc. v. Actavis Labs, UT, Inc.
65 F.4th 6792023 USPQ2d 448Fed. Cir.
AI-generated holding
If the prior art discloses a point within a claimed range, the prior art anticipates the claim. For obviousness of ranges, a difference of degree is less persuasive than a difference in kind, and a reference expressing only a general preference for an alternative does not teach away.
Generated summary for orientation only — not legal advice. Verify against the opinion.
Cited by the manual
5 sections§ 2131.03→§ 2144.05→§ 2145→§ 716.02→§ 716.03(b)→
Anticipation — Application of 35 U.S.C. 102
1 mention
Supporting a Rejection Under 35 U.S.C. 103
1 mention
Consideration of Applicant’s Rebuttal Arguments and Evidence
“a reference does not teach away if it merely expresses a general preference for an alternative”
Affidavits or Declarations Under 37 CFR 1.132 and Other Evidence Traversing Rejections
1 mention
Affidavits or Declarations Under 37 CFR 1.132 and Other Evidence Traversing Rejections
1 mention