Result Effective Variable Patent. The Board in Ex parte Tam discusses result effective variable. It is Obvious to Vary Result-Effective Variables.
Where the invention relates to a product it may be defined in a claim in various ways viz. As a chemical product by its chemical formula as a product of a process if no clearer definition is possible. At trial the Petitioner demonstrated the claimed ranges of temperature pressure etc as overlapping with that of the prior art.
In its Final Written Decision FWD the Board acknowledged the claimed overlap in the art but found that the Petitioner had not proven the conditions to be result-effective variables.
In its Final Written Decision FWD the Board acknowledged the claimed overlap in the art but found that the Petitioner had not proven the conditions to be result-effective variables. In re Antonie 559 F2d 618 620 CCPA 1977 posted by Lawrence B. One way to rebut the presumption of obviousness based on overlapping ranges is to show that the claimed parameter was not recognized by as being result-effective ie a variable which achieves. At trial the Petitioner demonstrated the claimed ranges of temperature pressure etc as overlapping with that of the prior art.