What is the significance of common ownership in overcoming prior art rejections?
Common ownership can be significant in overcoming certain prior art rejections, particularly those based on pre-AIA 35 U.S.C. 102(e), (f), or (g) in combination with 35 U.S.C. 103. If the applicant can show that the claimed invention and the subject matter of the prior art were commonly owned at the time the invention was made,…
Read MoreWhat is the purpose of a 37 CFR 1.131(a) affidavit or declaration?
The purpose of a 37 CFR 1.131(a) affidavit or declaration is to overcome a prior art rejection under pre-AIA 35 U.S.C. 102 or 103. This is done by proving invention of the claimed subject matter by the inventor or at least one joint inventor prior to the effective date of the reference or activity relied…
Read MoreHow can an applicant overcome prior art rejections using a 37 CFR 1.132 affidavit?
An applicant can overcome certain prior art rejections using a 37 CFR 1.132 affidavit by proving that the subject matter relied upon in the reference or activity was the inventor’s or at least one joint inventor’s own invention. This is particularly useful in situations where the reference qualifies as prior art only under specific sections…
Read MoreHow does a 37 CFR 1.131(a) affidavit overcome a pre-AIA 35 U.S.C. 103 rejection?
A 37 CFR 1.131(a) affidavit can overcome a pre-AIA 35 U.S.C. 103 rejection by showing completion of the invention prior to the effective date of the reference(s) cited in the rejection. The MPEP 715.02 states: Applicant may overcome a pre-AIA 35 U.S.C. 103 rejection based on a combination of references by showing completion of the…
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