How can an applicant prove irreparable damage under pre-AIA 37 CFR 1.47(b)?
Under pre-AIA 37 CFR 1.47(b), an applicant can prove irreparable damage by providing a statement that demonstrates the necessity of a filing date. According to MPEP 409.03(g): Irreparable damage may be established by a pre-AIA 37 CFR 1.47(b) applicant by a showing (a statement) that a filing date is necessary to preserve the rights of…
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