How can an applicant overcome a rejection if their 37 CFR 1.131(a) affidavit is not fully commensurate with the rejected claim?
If an applicant’s 37 CFR 1.131(a) affidavit is not fully commensurate with the rejected claim, they can still overcome the rejection by demonstrating that the differences would have been obvious. The MPEP 715.02 states: Even if applicant’s 37 CFR 1.131(a) affidavit is not fully commensurate with the rejected claim, the applicant can still overcome the…
Read MoreCan a 37 CFR 1.131(a) affidavit be sufficient if it doesn’t show the identical disclosure of the reference?
Yes, a 37 CFR 1.131(a) affidavit can be sufficient even if it doesn’t show the identical disclosure of the reference. The MPEP 715.02 states: Further, a 37 CFR 1.131(a) affidavit is not insufficient merely because it does not show the identical disclosure of the reference(s) or the identical subject matter involved in the activity relied…
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