Can a 37 CFR 1.131(a) affidavit be sufficient if it doesn’t show the identical disclosure of the reference?
Yes, a 37 CFR 1.131(a) affidavit can be sufficient even if it doesn’t show the identical disclosure of the reference. The MPEP 715.02 states: Further, a 37 CFR 1.131(a) affidavit is not insufficient merely because it does not show the identical disclosure of the reference(s) or the identical subject matter involved in the activity relied…
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