Affidavit Not Needed To Challenge Enablement Of Prior Art
June 5, 2013, 1:39 PM EDT
Law360, New York (June 5, 2013, 1:39 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit has explained that, notwithstanding the presumption of enablement that a prior art reference enjoys, neither affidavits or declarations are required in order to challenge the enablement of the prior art reference during prosecution at the U.S. Patent and Trademark Office. In re Steve Morsa, (Fed. Cir. April 2013).
Morsa submitted his application at the PTO, claiming an invention directed to furnishing benefits information and benefits. One claim of the application recited:
A benefit information match mechanism comprising:...