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[LG]

Hellow everyone:

An element in a claim which concerns a chemical compound is a substituted ammonium: R1-R2- (N+)-R3-R4; and at least one of R1~4 are a tertiary C.

If it is known byskilled in the art that such compound with more than 3 tertiary Cs linked to N is very difficult to make and its spec says nothing regarding this part, would it be possible for me to invalidate this claim based upon lack of enablement??
Thank you.

   

[JSonnabend]

Generally, if one of ordinary skill in the art must employ more than routine experimentation to practice the invention (e.g, to make the invention), then the patent likely fails the test for enablement.  You, as one apparently of skill in the art, are better able to assess whether or not the disclosure is sufficient in this regard.

- Jeff

[chemichael]

Just to add a bit of science perspective.  If I understand LG's scenario correctly, the claim defines a compound where at least one of R1-R4 is a tertiary carbon.  LG states that it is well known to one of ordinary skill in the art that compounds having 3 tertiary carbons bound to nitrogen are difficult to make.  However, the claims does not require 3, it requires at least one.