What types of evidence can be used to overcome a rejection under MPEP 715.01(d)?

According to MPEP 715.01(d), various types of evidence can be used to overcome a rejection. The section states:

The rejection of a claim by the examiner may be based on the activities of an individual or entity other than the inventor or a joint inventor. […] These activities may have been performed by an entity such as a manufacturer, a research organization, an inventor, or an applicant.

To overcome such rejections, an applicant can provide evidence in the form of affidavits or declarations under 37 CFR 1.130. This evidence should demonstrate that:

• The disclosure was made by the inventor or joint inventor
• The subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor
• The disclosure was made within the grace period and does not qualify as prior art under 35 U.S.C. 102(a)(1)

The specific type of evidence required will depend on the nature of the rejection and the cited prior art or activities.

To learn more:

• evidence
• affidavits
• declarations
• 37 CFR 1.130
• overcoming rejection

To learn more:

• 37 CFR 1.130