What happens if a declaration under 37 CFR 1.130(b) is insufficient?
What happens if a declaration under 37 CFR 1.130(b) is insufficient? If a declaration under 37 CFR 1.130(b) is insufficient, the examiner will determine whether the subject matter disclosed and the claimed invention are identical or if the subject matter disclosed is obvious over the claimed invention. As stated in MPEP 717.01(b)(1): “If the declaration…
Read MoreHow does an examiner evaluate the sufficiency of facts in affidavits or declarations?
When evaluating the sufficiency of facts in affidavits or declarations, examiners follow specific guidelines outlined in MPEP 716. The manual states: ‘In assessing the probative value of an expert opinion, the examiner must consider the nature of the matter sought to be established, the strength of any opposing evidence, the interest of the expert in…
Read MoreHow does an examiner evaluate evidence for an AIA 35 U.S.C. 102(b)(2)(C) exception?
How does an examiner evaluate evidence for an AIA 35 U.S.C. 102(b)(2)(C) exception? When evaluating evidence for an AIA 35 U.S.C. 102(b)(2)(C) exception, an examiner follows specific procedures as outlined in MPEP 717.02(c): The examiner will determine if the rejection is based upon a disclosure made by the inventor, a joint inventor, or another who…
Read MoreHow does an examiner determine if a reply is complete under MPEP 704.14(b)?
According to MPEP 704.14(b), an examiner determines if a reply is complete by evaluating whether it addresses all the requirements set forth in the previous Office action. The MPEP states: Direct quote: “The examiner should determine whether the reply: (A) meets the requirements of 37 CFR 1.111, including: (1) An amendment to the claims or…
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