Amendments

SORT CASES BY:

Nichia Corp. v. Emcore Corp.

CASE SUMMARY:
WRITTEN DESCRIPTION SUPPORT FOR SUBSTITUTE CLAIMS

Motion to amend claims must clearly indicate support for substitute claims in the original disclosure of the application from which the patent issued. Citations to the patent may not be sufficient, unless the motion states that there were no changes to the original disclosure before issuance. Furthermore, citations to a provisional application are relevant to the additional requirement of showing where support may be found for the substitute claims in each application to which the benefit of priority is claimed. However, the requirement of showing written description support for the substitute claims in the original disclosure must also be met.

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