Wands factors

The sixth Wands factor relates specifically to the direction actually provided by the inventor in the patent application. Where the inventor has provided a lot of direction on how to make and use the invention, it is less likely that undue experimentation will be required to practice the invention. 

The seventh Wands factor relates to whether there are working examples of the invention—these are usually helpful to one who wishes to make and use the invention. This should not be a surprise, especially when the working examples fall within the... 

This last consideration from the Wands factors directly assesses the amount of experimentation required to make or use the invention in view of the direction provided in the disclosure. At first blush, this might appear to be the final determination masquerading as the eighth factor, but it s not. The ultimate determination of whether the invention is enabled or not is not whether significant experimentation is required but whether the experimentation required to make and use the invention is an unreasonable or undue amount. Some experimentation may still be required after reading the disclosure but it is not per se unreasonable if the experimentation is routine or if the disclosure provides considerable guidance as to the direction the experimentation should proceed. 

The question of whether a disclosure is enabling is a broad inquiry that is fact intensive. While certain factors are outside of the applicant s control when the application is drafted (such as Wands factors 2-5), for those within the applicant s (and/or her representative s) control, one should keep these factors in mind. For example,... 

Before applying the Wand s factors to claim 1, we stipulate at the outset that the peptides of claim 1 can be made without undue experimentation. It is accepted that the state of the art with regard to peptide synthesis coupled with the applicants teaching are sufficient to satisfy this aspect of 35 U.S.C. 112 1. In contrast, however, a credible utility is not established throughout the claimed scope. The Wand s factors have been applied as follows ... 

Davis JP, Chesney PJ, Wand PJ, LaVenture M. Toxic-shock syndrome epidemiologic features, recurrence, risk factors, and prevention. N Engl J Med 1980 303(25) 1429-35. 

Davis JP, Chesney PJ, Wand PJ, LaVenture M (1980) Toxic-shock syndrome epidemiologic features, recurrence, risk factors, and prevention. N Engl J Med 303 1429-1435 de Buyser ML, Morvan A, Giimont F, el Solh N (1989) Characterization of Staphylococcus species by libosomal RNA gene restriction patterns. J Gen Microbiol 135 989-999 de la Puente R, Suarez G, Schleifer KH (1985) Staphylococcus aureus subsp. anaerobius subsp. 

Rivera EJ, Goldin A, Fulmer N, Tavares R, Wands JR, de la Monte SM (2005) Insulin and insulinlike growth factor expression and function deteriorate with progression of Alzheimer s disease link to brain reductions in acetylcholine. J Alzheimers Dis 8 247-268... 

Fy = minimum yield stress, shell, psi P = internal pressure, psi P,. = external pressure, psi G = gust factor, wind Kz = velocity pressure coefficient 1 = importance factor, 1.0-1.25 for vessels V = basic wand speed, mph Ks = pier spring rate, 46 fl — friction coefficient y = pier deflection, in. 

Similarly, the y-intercept specifies either (p or A. The field enhancement factor has extremely strong geometry dependence. This dependence was succinctly illustrated through the theoretical work of Rohrbach and Wand and Loew [273,274]. Narrow, elongated emitters are preferable, since they enhance the local field substantially compared to short whiskers. Si and W tips are typically used, fabricated by anisotropic etching or deposition techniques. 

Kubitza D, Becka M, Mueck W, Halabi A, Maatouk H, Klause N, Lufft V, Wand DD, Philipp T, Bruck H. Effects of renal impairment on the pharmacokinetics, pharmacodynamics and safety of rivaroxaban, an oral, direct Factor Xa inhibitor. Br J Clin Pharmacol 2010 70(5) 703-12. 

Figure 16 Comparisons of scaled structure factors, F ), obtained for critical mixtures of simple liquids (l/Wand L/W), polymer mixture (PB/PI, 50 50 v/v), and 3D simulation based upon the generalized TDGL equation with a system size of 128. From Hashimoto, T. J. Polym. ScL, Part B Polym. Phys. 2004, 42, 3207-3262. ...

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