The Federal Circuit continues to reinforce the requirement that the full scope of a claim be enabled for the claim to be valid under the first paragraph of 35 U.S.C. § 112. If a disclosure does not enable a device that is covered by a claim, an infringement action asserting that claim will likely result in its invalidation for lack of enablement.
Results for scope of claims
A district court must construe all disputed claim terms when the meaning of the terms affects the scope of the claims. The doctrine of equivalents does not apply if the objectively apparent reason for a narrowing amendment is not tangential to an alleged equivalent as indicated by clear claim language.