Director Provides Insight On Interplay Between Written Description And Enablement, PTAB Litigation Blog
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USPTO Director Kathi Vidal recently vacated a PTAB decision denying institution of a post-grant review and remanded the case for further proceedings. The petitioner challenged claims 1–27 of the ’274 patent under 35 U.S.C. § 112(a) for lacking written description and enablement, and under 35 U.S.C. § 103 as obvious in view of prior art. The Board denied institution, exercising its discretion under 35 U.S.C. § 325(d).
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