Can an inventor use a 37 CFR 1.131(a) affidavit to overcome a rejection based on a commonly owned patent or application?

No, an inventor cannot use a 37 CFR 1.131(a) affidavit to overcome a rejection based on a commonly owned patent or application. This is because such references are not considered prior art that can be antedated. According to MPEP 715.01(a): “Where the reference is a U.S. patent or patent application publication of a common assignee…

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