When does omitting a limitation violate the written description requirement?
Omitting a limitation can violate the written description requirement when the omitted element is described as essential or critical to the invention in the original disclosure. The MPEP 2163.05 states: “A claim that omits an element which applicant describes as an essential or critical feature of the invention originally disclosed does not comply with the…
Read MoreWhat happens if a critical feature is not included in the claims?
If a critical feature disclosed in the specification is not included in the claims, it may lead to a rejection under 35 U.S.C. 112(a). The MPEP 2174 explains: “If the specification discloses that a particular feature or element is critical or essential to the practice of the invention, failure to recite or include that particular…
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