What role does undue experimentation play in determining enablement for claims with inoperative embodiments?

Undue experimentation plays a crucial role in determining enablement for claims with inoperative embodiments. According to MPEP 2164.08(b):

“[T]he scope of the claim may still not be enabled where undue experimentation is involved in determining those embodiments that are operable.”

The key consideration is whether a skilled person can identify operative embodiments without expending more effort than is normally required in the art. If significant experimentation is needed to distinguish between operative and inoperative embodiments, the claim may be considered nonenabled, especially when there are a large number of inoperative embodiments within the claim scope.

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• Undue experimentation
• Enablement
• Inoperative embodiments
• Patent claims