What level of detail is required for a prior art reference to be considered enabling?
For a prior art reference to be considered enabling, it must provide sufficient detail to allow a person of ordinary skill in the art to carry out the claimed invention. The MPEP 2121 states:
“A prior art reference provides an enabling disclosure and thus anticipates a claimed invention if the reference describes the claimed invention in sufficient detail to enable a person of ordinary skill in the art to carry out the claimed invention.”
However, it’s important to note that the standard for enablement in prior art does not require proof that the described invention actually works:
“[P]roof of efficacy is not required for a prior art reference to be enabling for purposes of anticipation.”
This means that a prior art reference can be considered enabling if it provides enough information for a skilled artisan to practice the invention, even if it doesn’t demonstrate the invention’s success or effectiveness.
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