Can a 37 CFR 1.130(a) declaration be used for disclosures made more than one year before the effective filing date?

No, a 37 CFR 1.130(a) declaration cannot be used for disclosures made more than one year before the effective filing date of the claimed invention. MPEP 717.01(a) clearly states: The provisions of 37 CFR 1.130(a) are not available if the rejection is based upon a disclosure made more than one year before the effective filing…

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What are the requirements for disqualifying a patent or patent application publication under 37 CFR 1.131(c)?

To disqualify a U.S. patent or U.S. patent application publication as prior art under 37 CFR 1.131(c), the applicant or patent owner must submit two items: A terminal disclaimer: This must be in accordance with 37 CFR 1.321(c). An oath or declaration: This must state that: The application or patent under reexamination and the patent…

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