by Steve Driskill | Mar 18, 2014 | [sub] enablement, Adequate Disclosure
The fact that the claims encompass many variables and parameters does not by itself require undue experimentation. Adjusting variables may be relevant to optimizing a given implementation, but optimization may not be required in order to practice the claimed invention...
by Steve Driskill | Feb 25, 2014 | [sub] enablement, Adequate Disclosure
While a fact and technology specific case, it is worth noting that characterizing certain calculations as “preliminary” and discussing the need for further experimentation may be detrimental to enablement. Background / Facts: The application on appeal here from...
by Steve Driskill | Feb 24, 2014 | [sub] written description, Adequate Disclosure
For non-functional claim limitations, providing a description by structure and process of creation that matches the claimed term is sufficient to satisfy the written description requirement. Background / Facts: The patent being asserted here is directed to the...
by Steve Driskill | Jan 27, 2014 | [sub] written description, Adequate Disclosure
At its heart, this case appears to be a cautionary tale of ambiguity being used against the drafting party (in this case, the patentee who is responsible for the content of its application). At the very least, original claim terminology should be consistent with the...
by Steve Driskill | Oct 29, 2013 | [sub] written description, Adequate Disclosure
Although it is possible that a “disclosure of a species may be sufficient written description support for a later claimed genus including that species,” this is not sufficient for the more unpredictable arts. “[T]here are no bright-line rules governing, for example,...
by Steve Driskill | Jul 25, 2013 | [sub] written description, Adequate Disclosure
Where a disclosure describes the exclusion of a broad genus, claims to embodiments which exclude particular species are only supported if the disclosure offers some guidance or “blaze marks” to guide the skilled artisan towards excluding that particular species....
