No, a 37 CFR 1.131(a) affidavit or declaration cannot be used against all types of prior art. The MPEP clearly outlines the limitations: ’37 CFR 1.131(a) affidavits or declarations can be overcome by references that fall under 35 U.S.C. 102(b) or 102(d).’ This means that an affidavit or declaration under 37 CFR 1.131(a) cannot be…

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