Case in Which Disclosure of Technical Level of Person of Ordinary Skill in the Art Affected Determination of Whether Prior Art Is Enabling



Takashi Saito wrote this bylined article on In re Steve Morsa, in which the Federal Circuit affirmed a Patent & Trademark Office finding that admissions made by a patent applicant in his submission to the PTO were sufficient to enable prior art for the patent. The Federal Circuit previously ruled the PTO had applied the incorrect prior-art-enablement procedure and remanded.