What are the typical circumstances where an adequate written description issue arises?

According to MPEP 2163.03, there are six typical circumstances where an adequate written description issue can arise:

  1. Amendment affecting a claim
  2. Reliance on filing date of parent application under 35 U.S.C. 120
  3. Reliance on priority under 35 U.S.C. 119
  4. Support for a claim corresponding to a count in an interference
  5. Original claim not sufficiently described
  6. Indefiniteness rejection of a means- (or step-) plus-function limitation

These circumstances typically involve determining whether the subject matter of a claim is supported in an application as filed.

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Topics: MPEP 2100 - Patentability, MPEP 2163.03 - Typical Circumstances Where Adequate Written Description Issue Arises, Patent Law, Patent Procedure
Tags: claim amendments, Interference Proceedings, Priority Claims, Written Description