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....
by Steve Driskill | Jul 22, 2013 | [sub] written description, Adequate Disclosure
A claim must be considered as a whole for purposes of written description support, rather than as a collection of individually supported limitations. While the disclosure of a myriad of unclaimed or even inoperative embodiments is not necessarily invalidating, the...
by Steve Driskill | Dec 10, 2012 | [sub] written description, Adequate Disclosure
The written description requirement has been consistently held to be separate from the enablement requirement. It is not enough that one skilled in the art could have made and used a particular combination of elements based on the applicant’s specification – the...
by Steve Driskill | Sep 4, 2012 | [sub] written description, Adequate Disclosure
Others have suggested that this holding raises the bar for showing support for negative limitations by requiring an explicit “reason to exclude” the limitation. My understanding in reading the opinion was just the opposite – that even when there is no literal support...
