How does an examiner evaluate the sufficiency of a declaration under 37 CFR 1.130(a)?

An examiner evaluates the sufficiency of a declaration under 37 CFR 1.130(a) by considering several factors. According to MPEP 717.01(a)(1):

In evaluating whether a declaration under 37 CFR 1.130(a) is sufficient, Office personnel will consider whether the declaration: (1) includes an acknowledgment by the declarant that willful false statements and the like are punishable by fine or imprisonment, or both (18 U.S.C. 1001); and (2) sets forth the subject matter that was disclosed and an explanation of how the subject matter disclosed was publicly disclosed.

The examiner will assess whether the declaration:

• Acknowledges the consequences of false statements
• Clearly identifies the disclosed subject matter
• Explains how the subject matter was publicly disclosed
• Provides sufficient evidence to support the claims

If these elements are satisfactorily addressed, the declaration may be considered sufficient to overcome the prior art rejection.

To learn more:

• 37 CFR 1.130(a)
• declaration evaluation
• examiner assessment
• sufficiency criteria

To learn more:

• 37 CFR 1.130(a)