How is the level of skill in the art determined for enablement purposes?
The level of skill in the art is a crucial factor in determining enablement. According to MPEP 2164.05(a), “The relative skill of those in the art refers to the skill of those in the art in relation to the subject matter to which the claimed invention pertains at the time the application was filed.” This…
Read MoreWhat is the role of “interchangeability” in determining equivalence?
Interchangeability plays a crucial role in determining equivalence in patent examination. It is one of the factors that support a conclusion that a prior art element is an equivalent to a claimed limitation. Specifically: MPEP 2183 states: “A person of ordinary skill in the art would have recognized the interchangeability of the element shown in…
Read MoreDoes inherency require recognition by a person of ordinary skill in the art?
No, inherency does not require recognition by a person of ordinary skill in the art at the relevant time. The MPEP clearly states: “There is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the relevant time, but only that the subject matter is in fact…
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