What happens if a 37 CFR 1.130(a) declaration is found insufficient?
If a 37 CFR 1.130(a) declaration is found insufficient by the USPTO examiner, several outcomes may occur: The examiner may maintain the rejection based on the prior art disclosure. The applicant may be given an opportunity to provide additional evidence or clarification. The applicant might need to consider alternative strategies to overcome the rejection. The…
Read MoreWhat are common reasons for an affidavit or declaration under 37 CFR 1.132 to be considered insufficient?
The MPEP outlines several reasons why an affidavit or declaration under 37 CFR 1.132 might be considered insufficient to overcome a rejection: Lack of relevance: It includes statements which amount to an affirmation that the affiant has never seen the claimed subject matter before. This is not relevant to the issue of nonobviousness of the…
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