The Federal Circuit issued a precedential opinion in In re: Xencor, Inc. concerning written support for Jepson claims. The decision affirms the decision of the Appeals Review Panel (ARP) of the USPTO, which held that the pending claims at issue in U.S. Patent Application No. 16/803,690 are unpatentable for lacking written description. Although there were two different claims on appeal in In re: Xencor (a “Jepson claim” and a “method claim”), this blog post will focus only on the Jepson claim.
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