Challenging Prior Art Cited By Patent Examiner As Not Enabling

10/17/2015 - Once an applicant makes a non-frivolous argument that cited prior art is not enabling, the burden is placed upon the Patent Examiner to address that challenge. While affidavits or declarations may be proffered, they are not required. Read more. However, admissions in a patent application may support an Examiner's findings that prior art is enabled. Read more.