What should be highlighted when using interference testimony to antedate a reference?

When using interference testimony to antedate a reference, it’s crucial to identify and emphasize the specific portions of the testimony that establish priority over the reference. As stated in MPEP 715.07(b):

The part of the testimony to form the basis of priority over the reference should be pointed out.

This means that the applicant or their representative should clearly indicate which parts of the interference testimony demonstrate invention before the date of the reference, similar to how one would use an affidavit or declaration under 37 CFR 1.131(a).

To learn more:

• interference testimony
• antedating references
• patent examination
• priority evidence