Results for negative limitation

Novartis Pharms. Corp. v. Accord Healthcare, Inc.

Case Number: CLB0492

Date: 01.03.2021

A lack of literal basis in the specification for a negative limitation may not be sufficient to establish a prima facie case for lack of descriptive support, however, the written description may take any form and the test for written enablemen for a negative claim includes an examination of how a person of skill in the art would read the disclosure—not the exact words used in the specification.

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