How does a 37 CFR 1.131(a) affidavit overcome a pre-AIA 35 U.S.C. 103 rejection?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A 37 CFR 1.131(a) affidavit can overcome a pre-AIA 35 U.S.C. 103 rejection by showing completion of the invention prior to the effective date of the reference(s) cited in the rejection. The MPEP 715.02 states: Applicant may overcome a pre-AIA 35 U.S.C. 103 rejection based on a combination of references by showing completion of the invention by applicant prior to the effective date of any of the references; applicant need not antedate the reference with the earliest filing date. However, it’s important to note that the affidavit must show possession of the basic inventive concept, not just what one reference in a combination shows. The affidavit should demonstrate that the differences between the claimed invention and the showing would have been obvious to one of ordinary skill in the art prior to the effective date of the references. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse 37 CFR 1.131(a) Affidavit Must Establish Invention Possession MPEP 715.02 Required Affidavit Must Show Claimed Invention MPEP 715.02 Required Affidavit Must Show Obvious Variations MPEP 715.02 Required Affidavit Showing Completion of Single Species Before Prior Art MPEP 715.02 Affidavit Must Show Relevant Disclosure MPEP 715.02 Affidavit Can Overcome Obviousness Without Showing Modification MPEP 715.02 Permitted Date to Overcome Prior Art Is Effective Date MPEP 715 Affidavit Must Establish Basic Invention Possession MPEP 715.02 Rejection Based on Statutory Bar Prohibits Prior Invention Declaration MPEP 715 Effective Date for Domestic Patents as References MPEP 715 Permitted Other Related FAQs 5 FAQs Collapse What must be shown in a 37 CFR 1.131(a) affidavit or declaration? Can a 37 CFR...