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

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

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