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What role does the state of the prior art play in enablement?

By russ.krajec@blueironip.com | September 30, 2024

The state of the prior art is a critical factor in determining enablement. MPEP 2164.05(a) defines it as “what one skilled in the art would have known, at the time the application was filed, about the subject matter to which the claimed invention pertains.” The MPEP further explains: “The state of the prior art provides…

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