How can co-authorship affect a pre-AIA 35 U.S.C. 102 rejection?
When an inventor or at least one joint inventor is a co-author of a publication cited against an application, MPEP 715.01(c) outlines two ways to overcome a rejection under pre-AIA 35 U.S.C. 102(a) or (e): Filing an affidavit or declaration under 37 CFR 1.131(a). Filing a specific affidavit or declaration under 37 CFR 1.132 establishing…
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