MPEP Section 2121.04, Apparatus and Articles - What Constitutes Enabling Prior Art

Executive summary:

This document contains Section 2121.04 ("Apparatus and Articles - What Constitutes Enabling Prior Art") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Seventh Revision (July 2008). This page was last updated in November 2009. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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2121.04 Apparatus and Articles - What Constitutes Enabling Prior Art

PICTURES MAY CONSTITUTE AN "ENA-BLING DISCLOSURE"

Pictures and drawings may be sufficiently enabling to put the public in the possession of the article pictured. Therefore, such an enabling picture may be used to reject claims to the article. However, the picture must show all the claimed structural features and how they are put together. Jockmus v. Leviton, 28 F.2d 812 (2d Cir. 1928). See also MPEP § 2125 for a discussion of drawings as prior art.