How does the In re Fisher case relate to the predictability of art and enablement?
How does the In re Fisher case relate to the predictability of art and enablement?
The In re Fisher case is significant in understanding the relationship between the predictability of art and enablement. According to MPEP 2164.03:
“In re Fisher, 427 F.2d 833, 839, 166 USPQ 18, 24 (CCPA 1970) states: ‘The scope of the claims must bear a reasonable correlation to the scope of enablement provided by the specification to persons of ordinary skill in the art.'”
This case established that:
- The breadth of claims must be reasonably correlated to the scope of enablement in the specification.
- In unpredictable arts, broad claims may not be enabled by a limited disclosure.
- The more unpredictable the art, the more specific enablement is necessary.
This principle guides patent examiners and applicants in assessing whether a specification provides sufficient enablement, especially in less predictable fields like biotechnology and chemistry.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2164.03 - Relationship Of Predictability Of The Art And The Enablement Requirement,
Patent Law,
Patent Procedure