QUAKE v. LO, decided July 10, 2010, Written Description

U.S. Patent No. 8,008,018 and Application Serial No. 12/393,833 are directed to detecting a chromosomal abnormality in fetuses using random massively parallel sequencing (page 2). The specification teaches four steps focused on targeted sequences (pages 4-5). Two paragraphs relate to massively parallel sequencing (page 6). One paragraph mentions use of technology in a published patent application (pages 11-12). The technology of the published application may use either targeted or random massively parallel sequencing (pages 16-17). The use of “random” in the other paragraph is not linked to random massively parallel sequencing in particular (pages 18-19). The paragraphs are directed to specifics in targeted massively parallel sequencing, so any implied random massively parallel sequencing is not enough to show possession of the invention (pages 19-20).

Hindsight: Alternatives should be considered and added where appropriate. In this case, including an alternative to targeted massively parallel sequencing (i.e., specifically disclosing use of random massively parallel sequencing) would have supported the claims.