Fletcher YoderA disclaimer in the specification of a patent specifically excludes subject matter from the invention possessed by the patentee. Removing limitations by rescinding the disclaimer in further continuation patents broadens the description of the invention and would not be within the scope of the invention as described in the prior patent.
The U.S. Court of Appeals for the Federal Circuit determines that the patent in question is adequately supported by inherent disclosure of the priority document.
A patent claiming priority to a provisional application can be a prior art reference under § 102(e) when all subject matter relied upon for a rejection is found in both the patent and the provisional application.
A later filed patent may not be entitled to priority from an earlier filed patent if there is not continuity of disclosure in any intervening patents between the earlier filed patent and the later filed patent. Such discontinuity may arise if an intervening patent fails to properly incorporate by reference an aspect of an earlier filed patent that is relied upon by a later filed patent which claims priority to the earlier filed patent.
In evaluating claims to determine whether an interference-in-fact exists, only the subject matter of the claims is to be evaluated, not otherwise disclosed but unclaimed subject matter.