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11.3.2.2 Specification Requirements - Enablement .

Category:
Federal - Jury Instructions - 7th Circuit - Civil
State:
Multi-State
Control #:
US-JURY-7THCIR-11-3-2-2
Format:
Word
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Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
11.3.2.2 Specification Requirements — Enablement refers to the requirements for an application or system that need to be met in order to ensure that it is adequately enabled to perform its intended function. This includes requirements such as security, performance, scalability, usability, reliability, and maintainability. There are three main types of enablement requirements: functional, non-functional and design. Functional requirements describe the behavior and functionality of the application or system. Non-functional requirements describe the qualities and characteristics of the application or system, such as availability, scalability, reliability, and maintainability. Design requirements are related to the design of the application or system, such as user interface, navigation, data models, and architecture.

11.3.2.2 Specification Requirements — Enablement refers to the requirements for an application or system that need to be met in order to ensure that it is adequately enabled to perform its intended function. This includes requirements such as security, performance, scalability, usability, reliability, and maintainability. There are three main types of enablement requirements: functional, non-functional and design. Functional requirements describe the behavior and functionality of the application or system. Non-functional requirements describe the qualities and characteristics of the application or system, such as availability, scalability, reliability, and maintainability. Design requirements are related to the design of the application or system, such as user interface, navigation, data models, and architecture.

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FAQ

§ 112(1/a). Enablement requires that the disclosure teach PHOSITA to make or carry out (use) the claimed invention without undue experimentation, including disclosing a practical utility for the invention.

PRIOR ART IS PRESUMED TO BE OPERABLE/ENABLING When the reference relied on expressly anticipates or makes obvious all of the elements of the claimed invention, the reference is presumed to be operable. Once such a reference is found, the burden is on applicant to rebut the presumption of operability.

A Section 112 rejection in a patent Office Action means that the examiner considers certain claim language indefinite. The good news is that, in most cases, indefiniteness under Section 112 may be resolved by a fairly simple response correcting whatever objections raised by the examiner.

Cir. 1988) ("The test of enablement is whether one reasonably skilled in the art could make or use the invention from the disclosures in the patent coupled with information known in the art without undue experimentation."). A patent need not teach, and preferably omits, what is well known in the art.

The written description requirement and the enablement requirement are found within 35 USC 112. In essence, it states that to secure a patent, the patent specification must include a written description that enables others to make and use the claimed invention. They work hand in hand with each other.

§ 112(1/a). Enablement requires that the disclosure teach PHOSITA to make or carry out (use) the claimed invention without undue experimentation, including disclosing a practical utility for the invention.

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