How do examiners evaluate prophetic examples in patent applications?
Patent examiners evaluate prophetic examples in the context of the entire disclosure to determine if they contribute to meeting the enablement requirement. According to MPEP 2164.02: “The mere fact that something has not actually been done does not mean that it cannot be enabled; there is no requirement that an inventor actually carry out the…
Read MoreHow is enablement evaluated for compound or composition claims with multiple uses?
When evaluating enablement for compound or composition claims with multiple uses, the approach differs depending on whether the claim is limited by a particular use or not. According to MPEP 2164.01(c): For claims limited by a particular use: “When a compound or composition claim is limited by a particular use, enablement of that claim should…
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