[U.S.] January 2013 <CAFC> Ernie Ball v. Earvana

日本語原文 / Japanese original

Article information

Article type: Case note

Category: United States

Topics: Support requirement, Clarity

First published on this website: 2026-11-01

Display and classification checked: November 2, 2026

Originally published on Ameblo: 2024-09-18 (Japan time). Full English translation.

https://ameblo.jp/hideki-takaishi/entry-12868002697.html

[U.S.] January 2013 <CAFC> 502 Fed. Appx. 971, Ernie Ball v. Earvana

The negative expression “does not form a sinusoidal arc …” violated 35 U.S.C. § 112 (written-description or definiteness requirement not satisfied).

The specification does not define “sinusoidal,” and a person skilled in the art cannot understand the technical significance of the negative expression.

https://casetext.com/case/ernie-ball-inc-v-earvana-llc-3

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