Enabling Disclosure

Question 1

What is meant by enabling?

Answer 1

A claim is supported by the written disclosure when filed which enables POSA to make and use without undue experimentation

Question 2

Factors for Undue Experimentation include:

Answer 2

1. Breadth of claims
2. Nature of the invention
3. State of the Prior Art
4. Level of one of ordinary skill
5. Level of predictability in the art
6. Amount of direction required
7. Existence of working samples
8. Quantity of experimentation needed

Question 3

Steps to determine Enablement:

Answer 3

1. All question of enablement are compared against claimed subject matter
2. Focus is on whether everything in the scope of the claim is enabled
3. First analytical step is to determine what subject matter is encompassed