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April 30, 2010


"• What steps can patentees and counsel take to meet the written description requirement and withstand invalidity challenges based on the written description?

Invent something and then claim it and only it. Bam, you just avoided all WD rejections/invalidations that ever could be made.

I know it's hard for some people.

No. 6 - Fail.

The problem is the sufficiency of one's description of what one has invented, not a failure to only claim what one has invented.

If someone examining the application decides the person of skill in the art has little knowledge and no skill in the art, 100 pages of description still aren't enough.

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