What is the purpose of MPEP 715.01(a)?
MPEP 715.01(a) provides guidance on how to handle situations where a reference (patent or published application) names a different inventive entity with at least one common inventor compared to the application under examination. It specifically addresses how to overcome rejections based on such references using affidavits or declarations. The section states: When subject matter disclosed…
Read MoreWhat is the significance of 37 CFR 1.132 affidavits in overcoming pre-AIA 35 U.S.C. 102 or 103 rejections?
37 CFR 1.132 affidavits play a crucial role in overcoming rejections based on pre-AIA 35 U.S.C. 102 or 103 when the reference cited is a publication of the inventor’s or a joint inventor’s own invention. MPEP 715.01(c) states: See MPEP § 716.10 regarding 37 CFR 1.132 affidavits submitted to show that the reference is a…
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