MPEP 2121.04
Apparatus and Articles — What Constitutes Enabling Prior Art

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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2121.04    Apparatus and Articles — What Constitutes Enabling Prior Art [R-08.2012]

   PICTURES MAY CONSTITUTE AN "ENABLING 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.