MPEP 2144.05: Overlapping Ranges and Routine Optimization

Answer in brief

Under MPEP 2144.05, a claimed range that overlaps or lies inside a range in the prior art creates a prima facie case of obviousness. So can ranges that do not overlap but are close enough that one skilled in the art would expect the same properties. Optimizing a result-effective variable through routine experimentation is also generally obvious.

What MPEP 2144.05 covers

Ranges are among the most common grounds of obviousness in chemical and materials claims.

Overlapping or encompassed ranges: prima facie obvious (In re Wertheim; In re Woodruff).
Close but non-overlapping ranges can also be obvious (In re Brandt).
Routine optimization of a result-effective variable is generally obvious.
Rebuttal: show criticality or unexpected results across the claimed range, or that the prior art teaches away.

How examiners use it

The rejection cites the prior art range. The applicant's best answer is data showing unexpected results commensurate in scope with the claimed range (see MPEP 716.02).

On the patent bar

Know that overlap alone establishes the prima facie case, and the ways to rebut it.

Read the full text

Official title: Obviousness of Similar and Overlapping Ranges, Amounts, and Proportions [R-01.2024].

Read MPEP 2144 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 2144.

Questions & answers

Are overlapping ranges obvious?

Yes, prima facie. Under MPEP 2144.05, overlapping or encompassed ranges establish a prima facie case of obviousness, which the applicant can rebut with criticality, unexpected results or teaching away.

Sources for this entry

USPTO — MPEP § 2144 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 2144: Supporting an Obviousness Rejection MPEP 716: Declarations and Unexpected Results Teaching Away in the MPEP

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Cite or share this entry

MPEP.net. “MPEP 2144.05: Overlapping Ranges and Routine Optimization.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-2144-05/