How can I overcome a pre-AIA 35 U.S.C. 102(e) rejection?
There are two main ways to overcome a pre-AIA 35 U.S.C. 102(e) rejection: Antedating the filing date of the reference: This can be done by submitting an affidavit or declaration under 37 CFR 1.131. As stated in the MPEP, “An affidavit or declaration under 37 CFR 1.131(a) can overcome a prior art rejection under pre‑AIA…
Read MoreWhat is the difference between a 37 CFR 1.131 affidavit and a 37 CFR 1.132 affidavit?
The main difference between a 37 CFR 1.131 affidavit and a 37 CFR 1.132 affidavit lies in their purpose and when they are appropriate to use: 37 CFR 1.131 affidavit: Used to antedate a reference by proving prior invention. It is appropriate when the reference describes an invention by someone other than the applicant. 37…
Read MoreWhat is the importance of corroborating evidence in antedating a reference?
Corroborating evidence plays a crucial role in antedating a reference, as highlighted in MPEP 715.07. The importance of corroboration stems from the need to provide independent support for the inventor’s claims. Key points include: Corroboration helps establish credibility of the inventor’s statements It provides additional weight to the evidence of prior invention Corroborating evidence can…
Read MoreHow should facts be presented in affidavits or declarations for antedating a reference?
When presenting facts in affidavits or declarations for antedating a reference, it’s crucial to follow the guidelines outlined in MPEP 715.07. The key points are: Present specific facts, not conclusions Provide clear and convincing evidence of prior invention Include dates of conception and reduction to practice Explain any delay between conception and reduction to practice…
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