International Business Machines Corp. v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office
Silence on a topic is not enough to disclose absence of a claim feature.
Silence on a topic is not enough to disclose absence of a claim feature.
To anticipate a negative claim limitation, the prior art need not expressly exclude an element when the exclusion of the element can be proven by affirmative evidence showing that the prior art suggests or describes instances in which the element is optional or unnecessary.