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Q40. Number of Working Examples Needed to Satisfy the Enablement Requirement

Q40. Number of Working Examples Needed to Satisfy the Enablement Requirement
 How many working examples are needed to satisfy the enablement requirement?

A40. As stated above, in JPO, the detailed description of the invention shall be described in such a manner that a person skilled in the art can carry out the claimed invention on the basis of matters described in the specification and drawings taking into consideration the common general knowledge as of the filing. Therefore, if “a person skilled in the art” who is supposed to have ordinary skill cannot understand how to carry out the invention on the basis of teachings in the specification and drawings taking into consideration the common general knowledge as of the filing, then, such a description of the invention should be deemed to be insufficient for enabling such a person to carry out the invention. For example, if a large amount of trials and errors or complicated experimentation is needed to find a way to carry out the invention beyond the reasonable extent that can be expected from a person skilled in the art, such a description should not be deemed to be sufficient. On the other hand, in cases where it is possible to explain the invention so as to enable a person skilled in the art to carry out the invention, no working examples are necessary. Accordingly, the number of working examples needed to satisfy the enablement requirement depends on the claimed invention.