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4 Nanotech. L. & Bus. 41 (2007)

handle is hein.journals/nantechlb4 and id is 49 raw text is: Untangling the Nanothreads Between the
Enablement and Written Description
Requirements
LEONARD P. DIANA,* LAWRENCE S. PERRY,** JOHN C.
HEUTON,*** and RITA S. WU****
ABSTRACT
In order to effectively prosecute and litigate patents in the emerging field of nanotechnology, the
authors seek to unravel the tangled jurisprudence pertaining to enablement and written description. In
this article, the authors discuss relevant portions of the history of the enablement and written description
requirements under 35 U.S.C. § 112 and explore the differences between the two with respect to
nanotechnology patents by comparing case law relating to overlapping and/or other developing
technologies, such as chemistry and biotechnology, in which some similar issues may arise.
I.  INTRODUCTION
anotechnology is commonly defined to be the science and engineering of manipulating
materials, especially on an atomic or molecular scale. In one definition provided by the U.S.
Patent and Trademark Office, nanotechnology covers research and technology development at
the atomic, molecular, or macromolecular levels, in the length of scale of approximately 1-100 nanometer
range in at least one dimension, and that provide[s] a fundamental understanding of phenomena and
materials at the nanoscale and to create and use structures, devices and systems that have novel properties
* Leonard P. Diana is a partner at Fitzpatrick, Cella, Harper & Scinto in New York. He can be reached at
ldiana@fchs.com. The views expressed in this article are those of the authors and not necessarily those of
Fitzpatrick, Celia, Harper & Scinto or its clients.
** Lawrence S. Perry is a partner at Fitzpatrick, Cella, Harper & Scinto in New York. He can be reached at
lperry@fchs.com.
*** John C. Heuton is an associate at Fitzpatrick, Cella, Harper & Scinto in New York. He can be reached at
jheuton@fchs.com.
**** Rita S. Wu is an associate at Fitzpatrick, Cella, Harper & Scinto in New York. She can be reached at
rwu@fchs.com.

NANOTECHNOLOGY LAW & BUSINESS - MARCH 2007

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