Can an affidavit under 37 CFR 1.131(a) be used to overcome all types of rejections?
No, an affidavit under 37 CFR 1.131(a) cannot be used to overcome all types of rejections. MPEP 715.01(a) specifically states: Note that an affidavit or declaration under 37 CFR 1.131(a) cannot be used to overcome a rejection based on a U.S. patent or U.S. patent application publication naming a different inventive entity which claims interfering…
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