New PTAB Guidance on Enabling Requirement Under § 102 of the AIA and Construction of Chemical Compound

Synopsis: In a recently issued final written decision, the Patent Trial and Appeal Board (the “Board”) found all challenged claims of U.S. Patent No.11,572,334 (“the ’334 patent”) unpatentable.1 The Board’s decision centered on two issues: (1) when does a prior art patent need to be enabled under § 102 of the America Invents Act (“AIA”) to qualify as an anticipatory reference and (2) as a matter of claim construction, is the claim phrase “the compound of Formula (III) is (Z)-endoxifen” limited…
By: Polsinelli