Claims that lack support from the written description are invalid under 35 U.S.C. § 112.
Results for written description
35 U.S.C. § 112, ¶6 is not invoked, in the absence of reciting the term “means”, if those skilled in the art understand the structural significance of the claim language. Also, in means-plus-function claims, even if a disputed term is not limited to a single structure, the disputed term is not disqualified as a corresponding structure as long as a class of structures is identifiable by a skilled artisan.
A specification can communicate to a person of ordinary skill in the art that a patentee invented not just the combination of all identified features but also sub-combinations of the features – which may achieve the purposes of an invention even without the omitted features.
There must be adequate support within the description of a patent to claim a genus when a species is described.
Best mode requirement does not actually require a disclosure of the best mode, but rather requires sufficient disclosure to enable one of skill in the art to practice the best mode without undue experimentation.
Evidence of uncertainty and extensive testing can be useful to show nonobviousness, even if a claimed element was known to be possible and considered at a prior time.
Evidence not submitted by an applicant during prosecution or appeal is not admissible as a matter of right, and may not be admissible at all in a subsequent court appeal. The Federal Circuit will likely apply an equity-like standard when considering the admissibility of such evidence.