When should a claim be rejected under 35 U.S.C. 112(a) for lack of written description?
A claim should be rejected under 35 U.S.C. 112(a) for lack of written description when the subject matter is not shown in the drawing or described in the description, and the words of the original claim do not sufficiently describe the invention. The MPEP 608.01(l) states: “If the claim does not provide its own description in this case, the claim should be rejected under 35 U.S.C. 112(a) as failing to be supported by an adequate written description.” This means that the claim must provide enough detail for one of ordinary skill in the art to recognize that the inventor had possession of the full scope of the claimed invention.
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Topics:
Patent Law,
Patent Procedure