Careful, Your Specification May Be Enabling the Prior Art

Author: Gracie K. Mills
Editor:  Adriana L. Burgy

Decision:  In re Morsa, No. 15-1107 (Fed. Cir. Oct. 19, 2015)

Prosecution Takeaway:  Applicant’s specification may be used to determine the knowledge of a person having ordinary skill in the art but not to fill gaps in the prior art.

An analysis of this decision can be found on Finnegan’s Federal Circuit IP blog here.


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