What is the significance of an affidavit or declaration under 37 CFR 1.131(a) in overcoming a pre-AIA 35 U.S.C. 102(e) rejection?
An affidavit or declaration under 37 CFR 1.131(a) can be used to overcome a pre-AIA 35 U.S.C. 102(e) rejection by proving prior invention. However, it’s important to note that this method has limitations. The MPEP states: “An affidavit or declaration under 37 CFR 1.131(a) can overcome a prior art rejection under pre‑AIA 35 U.S.C. 102(e)…
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