How is the adequacy of written description determined in patent applications?
The adequacy of written description in patent applications is determined on a case-by-case basis and is a question of fact. The MPEP 2163.04 states: “The inquiry into whether the description requirement is met must be determined on a case-by-case basis and is a question of fact. In re Wertheim, 541 F.2d 257, 262, 191 USPQ…
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