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Written Description: Fujikawa v. Wattanasin, 93 F.3d 1559 (Fed. Cir. 1996) >>
September 9,2007
Written Description: Vas-Cath Inc. v. Mahurkar, 935 F.2d 1555 (Fed. Cir. 1991)
5. Vas-Cath Inc. v. Mahurkar, 935 F.2d 1555 (Fed. Cir. 1991)
The “written description” must clearly allow persons of skills in the art to recognize that the inventor invented what is claimed. And the “written description” must communicate that which is needed to enable the skilled in the art to make and use the claimed invention. Additionally, the “written description” is broader than merely to explain “make and use”; the applicant must also convey with reasonable clarity to the skilled in the art that, as of the filing date sought, the inventor was in possession of the invention. For the purpose of the “written description,” the invention is now what is claimed.
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