Patents Claiming a Range of Values, Such as Gate Sizes for Semiconductor Chips, Must Enable One of Ordinary Skill to Make and Use the Entire Claimed Range

Jul 6, 2020International Trade Commission, 35 U.S.C § 112 ¶ 6, Computer Hardware & Software, ITC Section 337 Investigations

A recent initial determination at the U.S. International Trade Commission (ITC) determined that claims directed to semiconductor chips with no lower bounds for recited gate pitch and width ranges (e.g., “less than or equal to about [X] nanometers”) were not enabled under 35 U.S.C. § 112. Specifically, it found that a person of ordinary skill could not practice the full scope of the claims, in particular at the lower bounds of the recited ranges, without undue experimentation.

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