Understanding Recent Case Law On Enablement

Law360, New York (December 21, 2009, 5:45 PM EST) -- The Federal Circuit has developed a test for enablement in the predictable arts that is arguably at odds with fundamental principles of patent law.

Four recent cases seem to say that broadly worded claims covering subject matter beyond the embodiments described in the specification are invalid for nonenablement.

This appears to contravene established law that the claim scope is not limited to the embodiments described in the specification. A critical analysis of the cases, however, reveals that the law is not as critical of all broad...
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