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June 21, 2020

Comments

"much less reliance and supplementation of what the person of ordinary skill would know for disclosures that fail to satisfy the possession test of written description due to that unpredictability"

I have long pointed out that there is an unavoidable consequence from the Supreme Court's elevation of PHOSITA as a "weapon" to deny patentability under obviousness to the NECESSARY correlation that LESS is needed to obtain 112 support.

This is an instance in which 'patent profanity' merely makes what need be provided ever thinner.

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