What is the significance of the filing date in determining enablement?
The filing date is crucial in determining whether a specification is enabling. According to MPEP 2164.05(a), “The state of the art existing at the filing date of the application is used to determine whether a particular disclosure is enabling as of the filing date.” This means that the enablement requirement is evaluated based on what was known in the art at the time of filing, not at a later date.
The MPEP further states: “The state of the art for a given technology is not static in time. It is entirely possible that a disclosure which would not have been enabled if filed on January 2, 1990 might be enabled if the same disclosure had been filed on January 2, 1996.” This highlights the importance of considering the specific filing date when assessing enablement.
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