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

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Overview


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.