How is the adequacy of best mode disclosure determined?
The adequacy of best mode disclosure is determined by evaluating evidence of concealment, whether accidental or intentional. According to MPEP 608.01(h): In determining the adequacy of a best mode disclosure, only evidence of concealment (accidental or intentional) is to be considered. That evidence must tend to show that the quality of an applicant’s best mode disclosure is so poor as to effectively result in concealment.
This guidance is based on the case law established in Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 (Fed. Cir. 1987) and In re Sherwood, 613 F.2d 809, 204 USPQ 537 (CCPA 1980). The focus is on whether the disclosure effectively conceals the best mode rather than on the specific details provided.
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