How can an applicant overcome a rejection if their 37 CFR 1.131(a) affidavit is not fully commensurate with the rejected claim?
If an applicant’s 37 CFR 1.131(a) affidavit is not fully commensurate with the rejected claim, they can still overcome the rejection by demonstrating that the differences would have been obvious. The MPEP 715.02 states: Even if applicant’s 37 CFR 1.131(a) affidavit is not fully commensurate with the rejected claim, the applicant can still overcome the…
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