Can a 1.130 declaration be used to overcome all types of prior art rejections?
No, a 1.130 declaration cannot be used to overcome all types of prior art rejections. According to MPEP 2155, 1.130 declarations are specifically designed to address certain types of prior art under AIA 35 U.S.C. 102(a)(1) and 102(a)(2). They cannot be used to overcome rejections based on: Prior art that falls outside the 1-year grace…
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