How is enablement determined based on the evidence as a whole?

Enablement is determined based on a comprehensive evaluation of all available evidence. According to MPEP 2164.05, “Once the examiner has weighed all the evidence and established a reasonable basis to question the enablement provided for the claimed invention, the burden falls on applicant to present persuasive arguments, supported by suitable proofs where necessary, that one skilled in the art would be able to make and use the claimed invention using the application as a guide.”

The examiner must consider:

• The nature of the invention
• The state of the prior art
• The level of skill in the art
• The predictability of the art
• The amount of direction or guidance provided in the specification
• The presence or absence of working examples
• The breadth of the claims

The determination is based on a preponderance of the evidence standard, considering all factors collectively.

To learn more:

• enablement
• patent examination
• evidence
• burden of proof