What is a requisite condition for prior art to count against a patent application?

In order for prior art to count against a patent application, it must be described with sufficient specificity and clarity to inform a person of ordinary skill in the art how to make and use the invention without undue experimentation. This requirement is fulfilled through both a written description and enabling disclosure.

A written description provides that an invention must be described in sufficient detail to show that the inventor was in possession of the claimed invention at the time the application was filed. However, simply having a written description is not enough; the prior art must also enable a person skilled in the art to practice the invention. This is where enabling disclosure comes into play—it requires that the information disclosed in the prior art be such that a skilled individual can reproduce the invention without having to undertake undue experiments.

Therefore, both a written description and enabling disclosure work together to ensure that the prior art can effectively serve as a barrier to patentability. They confirm that the relevant information is available and provides the requisite technical details needed to enable practice of the invention. This comprehensive standard assures that prior art is not only publicly available but sufficiently detailed for the purpose of assessing novelty and non-obviousness in the patent examination process.