And Congress has not created a special written description requirement for antibodies as it has, for example, for plant patents. See, e.g., 35 U.S.C. § 162 (exempting plant patents from § 112 “if the description is as complete as is reasonably possible”). Thus, the Federal Circuit directed the district court to amend its jury instructions on remand.

Because of the difficulties in enabling a plant patent invention or discovery through a mere textual description, “[n]o plant patent shall be declared invalid with [35 U.S.C. §112] if the description is as complete as reasonably possible.” 35 U.S.C. §162. Because a plant patent is granted only on an entire plant, only one patent claim is allowed, whereas utility patents can and usually do include multiple claims.