How does submitting a declaration under 37 CFR 1.131(a) help overcome a pre-AIA 35 U.S.C. 102(b) rejection?

Submitting a declaration under 37 CFR 1.131(a), also known as an affidavit or declaration of prior invention, can help overcome a pre-AIA 35 U.S.C. 102(b) rejection by establishing that the inventor had conceived and reduced the invention to practice before the critical date. This process is often referred to as “swearing behind” a reference. The…

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