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Jepson claim needs written description in patent application, US Federal Circuit affirms

( March 13, 2025, 20:09 GMT | Official Statement) -- MLex Summary: The limiting preamble of a Jepson claim must be supported by a written description in patent applications, the US Court of Appeals for the Federal Circuit affirmed, following decisions by the US Patent and Trademark Office’s Appeals Review Panel and the Patent Trial and Appeal Board.  Xencor argued that the USPTO’s rejection of its patent application for anti-C5 antibodies was in error, and that its Jepson claim preamble didn't list a limitation on the invention. The Federal Circuit affirmed in a precedential opinion that not only was the preamble limiting, but that Xencor failed to provide a proper written description for the claim, upholding the rejection.See attached opinion....

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