Does the presence of inoperative embodiments within a claim’s scope automatically render it nonenabled?

No, the presence of inoperative embodiments within the scope of a claim does not necessarily render a claim nonenabled. The MPEP 2164.08(b) states:

“The presence of inoperative embodiments within the scope of a claim does not necessarily render a claim nonenabled.”

The key consideration is whether a skilled person could determine which embodiments would be inoperative or operative without undue experimentation. This standard is based on the normal effort required in the art.

To learn more:

• Inoperative embodiments
• Enablement
• Patent claims
• Undue experimentation