Can interference testimony be used to antedate a reference?

Yes, interference testimony can sometimes be used to antedate a reference in place of a 37 CFR 1.131(a) affidavit or declaration. As stated in MPEP 715.07(b):

In place of an affidavit or declaration the testimony in an interference may be sometimes used to antedate a reference in lieu of a 37 CFR 1.131(a) affidavit or declaration.

However, it’s important to note that the specific part of the testimony that forms the basis of priority over the reference should be clearly identified.

To learn more:

• interference testimony
• antedating references
• patent examination
• prior art