What is the relationship between the breadth of a claim and enablement in patent law?
The relationship between the breadth of a claim and enablement in patent law is crucial. The scope of enablement provided in the specification must be commensurate with the scope of protection sought by the claims. As stated in the MPEP:
“With respect to the breadth of a claim, the relevant concern is whether the scope of enablement provided to one skilled in the art by the disclosure is commensurate with the scope of protection sought by the claims.” (MPEP 2164.08)
This means that as claims become broader, the specification must provide more comprehensive guidance to enable the full scope of the claimed invention. If the claims are too broad compared to what is enabled in the specification, this may lead to a rejection under 35 U.S.C. 112(a) for lack of enablement.
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