Hoyt A. Stearns Jr. <[email protected]> wrote: I guess he could say that there is no "art" yet -- it's a pioneering > patent, but that's a legal question. >
No, the patent *must* enable a PHOSITA to replicate, or it is invalid. That is the main purpose of a patent. (The other purpose is to protect the rights of the inventor.) This requirement is clearly spelled out in patent laws and at the USPO web site. QUOTE: The specification must include a written description of the invention and of the manner and process of making and using it, and is required to be in such full, clear, concise, and exact terms as to enable any person skilled in the technological area to which the invention pertains, or with which it is most nearly connected, to make and use the same. The specification must set forth the precise invention for which a patent is solicited, in such manner as to distinguish it from other inventions and from what is old. It must describe completely a specific embodiment of the process, machine, manufacture, composition of matter, or improvement invented, and must explain the mode of operation or principle whenever applicable. The best mode contemplated by the inventor for carrying out the invention must be set forth. http://www.uspto.gov/patents-getting-started/general-information-concerning-patents#heading-17 - Jed
