Can a lack of spectroscopic data make a chemical formula indefinite?
No, the absence of spectroscopic or other corroborating data does not automatically render a chemical formula indefinite. The MPEP 2173.05(t) clearly states:
“The absence of corroborating spectroscopic or other data cannot be the basis for finding the structure indefinite.”
This guidance is based on legal precedents such as Ex parte Morton and Ex parte Sobin. While spectroscopic data can provide additional support for a chemical structure, its absence does not inherently make the structure indefinite or speculative in patent claims.
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Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(T) - Chemical Formula,
Patent Law,
Patent Procedure