How does an examiner evaluate affidavits or declarations under 37 CFR 1.132?

The primary examiner is responsible for evaluating affidavits or declarations under 37 CFR 1.132. According to the MPEP:

It is the responsibility of the primary examiner to personally review and decide whether affidavits or declarations under 37 CFR 1.132 and other evidence submitted for the purpose of traversing grounds of rejection are responsive to the rejection and present sufficient facts to overcome the rejection.

Examiners use specific form paragraphs (7.65, 7.66, and 7.66.01 through 7.66.05) to comment on the effectiveness of the affidavit or declaration in overcoming the rejection. These form paragraphs address various aspects, such as whether the evidence is sufficient, relevant to the claims, or demonstrates long-felt need in the industry.

To learn more:

• patent examiner
• 37 CFR 1.132
• affidavit evaluation
• declaration evaluation
• form paragraphs

To learn more:

• 37 CFR 1.132