What is the standard for determining if a claim with inoperative embodiments is still enabled?
The standard for determining if a claim with inoperative embodiments is still enabled is based on the ability of a skilled person to identify operative and inoperative embodiments without undue experimentation. According to MPEP 2164.08(b): “The standard is whether a skilled person could determine which embodiments that were conceived, but not yet made, would be…
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