Frequent Losing Argument at the PTAB Finds Rare Exception
A common losing argument at the PTAB is that a reference used in an obviousness combination is non-enabling. The reason this argument fails is that a reference is prior art for all that it teaches. But even this proposition has its exceptions. For example, one would not expect a Dick Tracy comic from the 1930s showing a communicating wristwatch to somehow preclude patents on today’s smartwatches.
But where is the line drawn as to aspirational disclosures and, fair, prior art teachings?