US EditionSeymour’s Shadow: Reviving the Supreme Court’s Standard for Prior Art Enablement
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Seymour’s Shadow: Reviving the Supreme Court’s Standard for Prior Art Enablement
by Dennis Crouch Pending Supreme Court petition in Converter Manufacturing v. Tekni-Plex (No. 24-866), focuses on the question of who bears the burden of proving whether prior art references enable the claimed invention, and what standard should apply. As far as I can discern, the Federal Circuit's basic approach stems from ex parte patent appeals and has three key elements: In order to be anticipating, the prior art must enable the claimed inv…
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