When can claims with inoperative embodiments be considered nonenabled?
Claims with inoperative embodiments can be considered nonenabled when they include significant numbers of inoperative embodiments and undue experimentation is required to determine which are operative. The MPEP 2164.08(b) states: “However, claims reading on significant numbers of inoperative embodiments would render claims nonenabled when the specification does not clearly identify the operative embodiments and undue…
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