How does the USPTO determine if a prior-filed application provides adequate support for a later-filed application?
The USPTO determines if a prior-filed application provides adequate support for a later-filed application by examining whether the prior-filed application discloses the invention claimed in the later-filed application in sufficient detail. According to MPEP 211.05:
‘To be entitled to the benefit of the filing date of an earlier-filed application, the later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application); the disclosure of the invention in the prior application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, except for the best mode requirement.’
This means that the prior-filed application must provide a written description of the invention, enable one skilled in the art to make and use the invention, and disclose the best mode (if invented prior to the AIA) for carrying out the invention.
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