Can a 37 CFR 1.131(a) affidavit be sufficient if it doesn’t show the identical disclosure of the reference?

Yes, a 37 CFR 1.131(a) affidavit can be sufficient even if it doesn’t show the identical disclosure of the reference. The MPEP 715.02 states:

Further, a 37 CFR 1.131(a) affidavit is not insufficient merely because it does not show the identical disclosure of the reference(s) or the identical subject matter involved in the activity relied upon. If the affidavit contains facts showing a completion of the invention commensurate with the extent of the invention as claimed is shown in the reference or activity, the affidavit or declaration is sufficient, whether or not it is a showing of the identical disclosure of the reference or the identical subject matter involved in the activity.

This means that the affidavit doesn’t need to match the reference exactly. It’s sufficient if it shows completion of the invention to an extent that covers the claimed invention, even if the details aren’t identical to those in the reference.

To learn more:

• 37 CFR 1.131(a) affidavit
• prior invention
• patent examination
• reference antedating

To learn more:

• 37 CFR 1.131(a) affidavit