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Q44. Undue Breadth (Claims Reading on Inoperative Subject Matter)

Q44. Undue Breadth (Claims Reading on Inoperative Subject Matter)
Does the presence of inoperative embodiments within the scope of a claim render the claim non-enabled?

A44. Yes. As stated above, Art. 36(6)(i) requires “statement setting forth the invention for which patent is sought and which is described in the detailed description of the invention,”
and therefore a claim must be supported over the whole of its breadth.