What is the standard for enablement in prior art references?
The standard for enablement in prior art references is consistent across all types of prior art, regardless of their origin or format. As stated in MPEP 2121:
“The level of disclosure required within a reference to make it an ‘enabling disclosure’ is the same no matter what type of prior art is at issue. It does not matter whether the prior art reference is a U.S. patent, foreign patent, a printed publication or other.”
An enabling disclosure in a prior art reference must describe the claimed invention in sufficient detail to enable a person of ordinary skill in the art to carry out the claimed invention. However, it’s important to note that:
“[P]roof of efficacy is not required for a prior art reference to be enabling for purposes of anticipation.”
This means that a prior art reference can be considered enabling even if it doesn’t prove that the described invention actually works, as long as it provides enough information for a skilled artisan to practice the invention.
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