Written Description of the Invention

The requirements for a written description of the invention is that this specification must support the claims of the application. One way to insure this is to have the specification contain language that corresponds to the language employed in any of the claims or language that is its equivalent. Even if there is no explicit description of a generic invention in the specification, however, the mention of a representative component or a representative number of examples may provide an implicit description on which to base generic language. In particular, the specification, in addition to what it explicitly states, also implicitly discloses what would be apparent to those skilled in the art from a mere reading of it. It is not always safe to rely on what is implicit, however, because the outcome of having to convince another of the true import of an implicit disclosure is uncertain. In addition, it can be quite helpful, although not necessary, to include in the specification a discussion of the prior art or the efforts that have previously been made as well as a discussion of the advantages achieved by the invention or problems addressed by it. In fact, some courts have held that advantages that are not disclosed in the application to buttress the evidence of patentability cannot be relied on. In a sense the specification provides an opportunity to sell the patentability of the invention and, accordingly, can be used to that advantage.

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