Can a 37 CFR 1.131(a) affidavit be used to overcome a statutory bar?

No, a 37 CFR 1.131(a) affidavit or declaration cannot be used to overcome a statutory bar. This limitation is explicitly stated in MPEP 715:

An affidavit or declaration under 37 CFR 1.131(a) is not appropriate where the reference is a statutory bar under pre-AIA 35 U.S.C. 102(b) because no affidavit or declaration can be used to overcome a statutory bar.

Statutory bars, such as those under 35 U.S.C. 102(b), include public use or sale of the invention more than one year before the filing date. These bars cannot be overcome by showing earlier invention, as they are based on policy considerations beyond mere priority of invention.

To learn more:

• 37 CFR 1.131(a)
• statutory bar
• 35 U.S.C. 102(b)
• limitations

To learn more:

• 37 CFR 1.131(a)
• 35 U.S.C. 102(b)