Can one assume the operability of prior art?

The choice that states one can assume the operability of prior art is valid in specific contexts, particularly when a reference anticipates all claimed elements of a patent application. In patent law, when a prior art reference fully discloses all elements and limitations of a claimed invention, it is generally presumed that the reference is operable. This assumption is rooted in the notion that patents should only be granted for inventions that are useful and workable.

The functional aspect of the prior art is vital during patent examination and litigation, as it establishes whether an invention is novel and non-obvious in light of previous disclosures. If a reference describes an embodiment that contains all claimed elements, the underlying assumption is that the embodiment can function as suggested, unless there is a clear indication to the contrary within the reference itself.

In contrast, the idea of assuming operability under special conditions (as seen in the other choices) is generally less tenable. For instance, operability cannot simply be assumed in cases where a reference does not explicitly show how it works or if it is presented in a theoretical or speculative context. Hence, the framework for understanding prior art operability is closely tied to the completeness of its disclosure in relation to the claimed invention.