Can interference testimony be used to antedate a reference?
Yes, interference testimony can sometimes be used to antedate a reference in place of a 37 CFR 1.131(a) affidavit or declaration. As stated in MPEP 715.07(b): In place of an affidavit or declaration the testimony in an interference may be sometimes used to antedate a reference in lieu of a 37 CFR 1.131(a) affidavit or…
Read MoreWhat should be highlighted when using interference testimony to antedate a reference?
When using interference testimony to antedate a reference, it’s crucial to identify and emphasize the specific portions of the testimony that establish priority over the reference. As stated in MPEP 715.07(b): The part of the testimony to form the basis of priority over the reference should be pointed out. This means that the applicant or…
Read MoreWhat is the general rule for antedating references for generic claims?
The general rule for antedating references for generic claims is that showing completion of a single species within the genus is usually sufficient. According to MPEP 715.02: A reference or activity applied against generic claims may (in most cases) be antedated as to such claims by an affidavit or declaration under 37 CFR 1.131(a) showing…
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