Does the Leahy-Smith America Invents Act (AIA) permit the retroactive application of a scintilla of inadequacy in Pre-AIA to overturn precedent by insisting that it be a single person working alone having a single skill who must be enabled to make and use the full scope of the specification?"

QUESTIONS PRESENTED 35 U.S.C. §112 requires that the specification of a. : patent application describe the invention in such terms that those skilled in the art.are enabled to make and use ~ . . ‘ the claimed invention: The purpose of this requirement is to ensure that the invention is communicated to the 7 . interested ‘public in a meaningful way. With computer applications, it is not unusual for the claimed invention ; to involve two areas or more of prior art, or more than : . one technology. Typically, corporates have separate | departments that deal in specializations, and : , are collectively enabled. to make ‘and use such , "inventions. It is also reason why patent offices: ' elsewhere have ‘three examiners examining a:single ; . patent application -for maintaining objectivity. | , ; “Where different arts are involved in the invention, : the specification is enabling if it enables persons —~ : skilled in each art to carry out the aspect of the ; invention applicable to their specialty.” In re Naquin, . 398 F.2d 863, 866, 158 USPQ 317, 319 (CCPA 1968)). Also, “the Board stated appellants’ disclosure must be . : _ held sufficient if it would enable'a person skilled in i ; ; the electronic computer art, in cooperation with a ; : person skilled -in the fuel injection art, to make and use appellants’ invention.” In Ex parte Zechnall, 194 . : USPQ 461 (Bd. App. 1973). MPEP 2164.05(b). : : i The questions presented are: a oo ; A. Does the Leahy-Smith America Invents. Act . . (“AIA”) permit the United States to retroactively | . ; ; apply a scintilla of inadequacy in Pre-AIA to ; . overturn precedent by insisting that it be a single . ns : . person working alone having a single skill who | So ; : must be enabled to make and use the full scope : , of the specification? ; . a oe : ’ B. Whether 35 U.S.C. §112 Statute is satisfied when ; : the specification of a patent ‘application is ; : enabling to an interdisciplinary team of two or . oe 7 ; So : three persons, working in cooperation? ~ a C. Whether pro se filings can be rejected merely . _, based on an alleged “waiver” by Petitioner in : _ re addressing Examiner’s Rejections. . a . 7 .