In order to eliminate the reason for refusal by limiting the numerical range, the following requirements must be met.
Amendment requirements (Patent Act Article 17bis,3, Examination Standards Part IV, Chapter 2, 3.3.1(3)) The amended numerical range is included in the originally stated numerical range, and after amendmentIt is recognized thatthe boundary value of (i) is explicitly stated as the boundary value in the detailed description of the invention, or (ii) it is stated as the boundary value from the description of the problem, effect, etc.
Inventive requirements (Patent Act Article 29(2), Examination Criteria Part III, Chapter 2, Section 4, 6.2) The effect obtained within the limited numerical range is (i) always obtained within the numerical range, and (ii) the cited invention is The effect is heterogeneous, or the same kind, but the difference in effect within and outside the numerical limitation is quantitatively significant (critical significance), and (iii) cannot be predicted by those skilled in the art from the technical level at the time of application.
It can be understood from the specification that the support requirement (Patent Law Article 36(6)(1)) can always obtain a preferable effect within the numerical range described in the claims.
If you do not understand that you can get the same effect in some areas even if you get the desired effect in other areas, you will violate the support requirement (Examination Standard II, Chapter 2, Section 2, 2.2(3)). If it is unclear whether the effect claimed in the opinion can be obtained within a part within the numerical range, the decision to reject the inventive step violation and the support requirement violation will be notified.
The question is not whether or not the effect can be obtained in other ranges, but whether or not it is possible to understand that such an effect can be obtained from the specification.Therefore, even if the experimental data is submitted after the application, the support requirement violation is resolved. (Criteria II Part 2 Chapter 2 Section 3.2.1).