Can I submit an affidavit or declaration after an appeal has been filed?

Yes, you can submit an affidavit or declaration after an appeal has been filed, but there are specific rules governing this process. MPEP 715.09 refers to other sections for guidance on this matter:

For affidavits or declarations under 37 CFR 1.131(a) filed after appeal, see 37 CFR 41.33(d) and MPEP § 1206 and § 1211.03.

This means that while it is possible to submit affidavits or declarations after an appeal, you must follow the rules outlined in MPEP 1206 and MPEP 1211.03, as well as comply with 37 CFR 41.33(d). These sections provide specific guidelines for submitting evidence during the appeal process.

To learn more:

• affidavits
• declarations
• patent appeals
• 37 CFR 1.131(a)

To learn more:

• 37 CFR 1.131(a)