2 votes

Sufficiency of disclosure (enablement, written desc) for genus claims?

In the US case, I would also like to add that reverse doctrine of equivalents (DOE) may apply as implicit claim scope limitation. Reverse DOE essentially says literally infringing structure may not ...
user132162's user avatar
2 votes
Accepted

Sufficiency of disclosure (enablement, written desc) for genus claims?

Are such broad claims invalid when an unenabled/non-writtenly-described embodiment is identified? Yes. The written description requirements in the US and EPO require that the invention must be ...
Maca's user avatar
  • 6,178
1 vote

What's wrong with using "claim language" in the description?

The first principle is to not use language that might have some legal connotation that you do not fully understand. Regarding your specific examples I would say that there is a danger of a court ...
George White's user avatar
  • 29k
1 vote

USPTO part re-submission

Here is an excerpt from USPTO example. The cross-outs didn't come over in my cut and paste so do look at the link. Amendments to the Specification: Please replace paragraph [0021] with the ...
George White's user avatar
  • 29k
1 vote
Accepted

Do consistently disparaged embodiments lack claim support?

Do disparaged embodiments lack claim support? Probably. I will preface this by saying that, much to my frustration, I could not find a case on all-fours with what you are proposing. It could well a ...
Maca's user avatar
  • 6,178

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