Yes. For example, a claim that specified a fuel composed of (among other things) "10 to 50 percent methane" would be anticipated by a prior fuel that met all of the other claim elements and was composed of 25 percent methane. The converse, however, is not true: If a claim calls for a fuel composed of exactly 25 percent methane, and a prior publication discussed such a fuel with a methane concentration of anywhere from 10 to 50 percent, the claim requiring exactly 25 percent would not be anticipated. However, the claim may or may not be invalid for obviousness.
If a patent claims a broad genus, can a reference including a single species anticipate the claim?12/22/2016
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