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: How Appealing"Federal Circuit Confirms that Patents Must Meet Both the Written Description and Enablement Requirements of Section 112"
And, in a separate ruling issued today, a three-judge Federal Circuit panel divided 2-1 over the validity of a patent for "the idea of using a scratch-off label to mark beverage containers and cups so that attendees of a gathering or party could keep track of their beverage cups."
Full post as published by How Appealing on March 22, 2010 (boomark / email).
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Cases where Written Description is Satisfied, but Enablement is Lacking
Federal Circuit to consider whether a separate written description requirement exists in section 112
Agilent Technologies, Inc. v. Affymetrix, Inc. (Fed. Cir. 2009)
Federal Circuit reiterates that full scope of claim must be enabled to meet enablement requirement
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