How does the concept of ‘one skilled in the art’ relate to implicit disclosure?
The concept of ‘one skilled in the art’ is crucial in determining what constitutes an implicit disclosure. According to MPEP 2144.01, when considering a reference, it’s proper to take into account “not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.”
This means that implicit disclosure is judged from the perspective of a person with ordinary skill in the relevant field. What might be an obvious inference to an expert in the field could be considered an implicit disclosure, even if it’s not explicitly stated. For example, in the In re Lamberti case, the implication of asymmetric dialkyl moieties was considered an implicit disclosure because a skilled chemist would reasonably draw that inference from the given information.
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