What is a seasonable or timely presentation of affidavits or declarations under 37 CFR 1.130?
A seasonable or timely presentation of affidavits or declarations under 37 CFR 1.130 refers to submitting these documents at specific times during the patent examination process. According to MPEP 717.01(f), these documents are considered timely if submitted:
- Prior to a final rejection
- Before appeal in an application not having a final rejection
- After final rejection, but before or on the same date of filing an appeal, with a showing of good and sufficient reasons
- After the prosecution is closed, if filed with a request for continued examination (RCE) or continued prosecution application (CPA)
The MPEP states: “Affidavits or declarations under 37 CFR 1.130 must be timely presented in order to be admitted.” This emphasizes the importance of submitting these documents at the appropriate time during the examination process.
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