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Turned out quoting the file wrapper of the reference patent application didn't hurt. I can't say if it actually helped as the enablement argument was just a blip in an 18 page response. This is how it read-- In the Sabatini prosecution, the first Office Action contained the following assertion on page 12, third paragraph — ...the skilled artisan would be ...


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The claims of an application might or might not be patentable. That, itself, has no bearing on the document's value as a reference. Poor claim drafting or overly broad claiming would lead to a rejection but not be any indication that the specification did not contain useful information. A journal article can be prior art - it has no claims. Prior art ...


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