What are the typical circumstances where an adequate written description issue arises?
According to MPEP 2163.03, there are six typical circumstances where an adequate written description issue can arise:
- Amendment affecting a claim
- Reliance on filing date of parent application under 35 U.S.C. 120
- Reliance on priority under 35 U.S.C. 119
- Support for a claim corresponding to a count in an interference
- Original claim not sufficiently described
- Indefiniteness rejection of a means- (or step-) plus-function limitation
These circumstances typically involve determining whether the subject matter of a claim is supported in an application as filed.
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Topics:
MPEP 2100 - Patentability,
MPEP 2163.03 - Typical Circumstances Where Adequate Written Description Issue Arises,
Patent Law,
Patent Procedure