What are the timing limitations for using a 37 CFR 1.130(b) declaration?
There are important timing limitations to consider when using a declaration under 37 CFR 1.130(b). According to MPEP 717.01(b): ‘The provisions of 37 CFR 1.130(b) are not available if the rejection is based upon a disclosure made more than one year before the effective filing date of the claimed invention.’ This means: The declaration can…
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