Are there any additional FAQs for MPEP 1211.03 – Remand To Consider Affidavits or Declarations?

No additional FAQs can be generated for this section. The existing FAQs have comprehensively covered the content of MPEP 1211.03, including the circumstances under which the Board may remand an application to the examiner, the purpose of such remands, and the procedures involved. The section is relatively brief and focused, and all key points have…

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What are the limitations of 37 CFR 1.131(a) affidavits in patent applications?

While 37 CFR 1.131(a) affidavits are useful for antedating certain prior art references, they have several important limitations: Statutory Bars: As stated in MPEP 715.01, “An affidavit or declaration under 37 CFR 1.131(a) is not appropriate where the reference is a statutory bar under pre-AIA 35 U.S.C. 102(b).” AIA Applications: These affidavits are not applicable…

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