US Patent Law
An examiner can only use the description in the claims of a prior art reference to reject a patent application, but not language used in the Specification or inferences made in the drawings of the prior art references. Explain. True or False?
False.
From 35 U.S.C. 112(a) first paragraph it is written that the
specification cell contain a written description of the invention
which is required to be separate and distinct from the enablement
requirement. This we should properly convey the information for
which the applicant has invented the specific innovation and clear
description of generation as well. It should also describe the
technology that is not to be patented which satisfy the inventors
obligation to disclose the technological knowledge upon which the
patent is based.
This is specification can be further examined by the examiners
while rejecting a patent application. Language used in the
description should be accurate but language could be changed
according to the nature of the waiting which would be examined by
the examiner in the current state.
Get Answers For Free
Most questions answered within 1 hours.