Tuesday, September 6, 2016

Term "Consisting Essentially Of" Is Indefinite

Horizon Pharma v. Actavis: "Consequently, the term 'consisting essentially of' must be construed as indefinite due to the inability for a POSA to have 'reasonable certainty' about what the basic and novel properties of the invention are, and thus the POSA would lack “reasonable certainty” about whether an additional ingredient would materially alter the basic and novel properties of the claimed invention."

https://www.slideshare.net/slideshow/embed_code/key/dMj7iX7eIUBDQC

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