How can an applicant overcome prior art rejections using a 37 CFR 1.132 affidavit?
An applicant can overcome certain prior art rejections using a 37 CFR 1.132 affidavit by proving that the subject matter relied upon in the reference or activity was the inventor’s or at least one joint inventor’s own invention. This is particularly useful in situations where the reference qualifies as prior art only under specific sections of pre-AIA 35 U.S.C. 102.
According to MPEP 715.01: Similarly, where the reference relied upon in a 35 U.S.C. 103 rejection qualifies as prior art only under pre-AIA 35 U.S.C. 102(f) or (g), or, in an application filed on or after November 29, 1999, under pre-AIA 35 U.S.C. 102(e), applicant may be able to overcome this rejection by proving that the subject matter relied upon and the claimed invention were commonly owned or subject to common assignment at the time the later invention was made.
To learn more:
- 37 CFR 1.132
- affidavit
- prior art rejection
- pre-AIA 35 U.S.C. 102
- pre-AIA 35 U.S.C. 103
- common ownership
To learn more: