What are the requirements for a written description rejection by a patent examiner?

When rejecting a claim for lack of written description, a patent examiner must fulfill specific requirements. According to MPEP 2163.04, the examiner must:

1. Identify the claim limitation(s) at issue
2. Establish a prima facie case by providing reasons why a person skilled in the art would not have recognized that the inventor was in possession of the invention as claimed

The MPEP further states:

“A simple statement such as ‘Applicant has not pointed out where the new (or amended) claim is supported, nor does there appear to be a written description of the claim limitation ‘____’ in the application as filed.’ may be sufficient where the claim is a new or amended claim, the support for the limitation is not apparent, and applicant has not pointed out where the limitation is supported.”

This guidance helps ensure that rejections are specific and well-supported, allowing applicants to respond effectively.

To learn more:

• written description rejection
• patent examination
• claim limitations
• prima facie case