What is the purpose of an affidavit or declaration under 37 CFR 1.130(b)?
An affidavit or declaration under 37 CFR 1.130(b), also known as an affidavit or declaration of prior public disclosure, serves to except an intervening disclosure as prior art. It can be used when: The subject matter disclosed had been publicly disclosed by the inventor or joint inventor before the intervening disclosure was made or effectively…
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