What is the relationship between the breadth of claims and enablement?

The breadth of claims is an important consideration in determining whether a patent application meets the enablement requirement. The MPEP 2164.01 states: “The scope of the required enablement varies inversely with the degree of predictability involved, but even in unpredictable arts, a disclosure of every operable species is not required.” This means that: Broader claims…

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Is absolute predictability required for a reasonable expectation of success?

No, absolute predictability is not required for a reasonable expectation of success in patent law. The MPEP 2143.02 states: “Obviousness does not require absolute predictability, but at least some degree of predictability is required.” This means that while complete certainty is not necessary, there should be a reasonable level of predictability that the proposed combination…

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