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What is the “fundamental factual inquiry” in written description issues?

By russ.krajec@blueironip.com | September 29, 2024

According to MPEP 2163.02, the fundamental factual inquiry in written description issues is: “whether the specification conveys with reasonable clarity to those skilled in the art that, as of the filing date sought, inventor was in possession of the invention as now claimed.“ This inquiry is based on the Federal Circuit case Vas-Cath, Inc. v.…

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