How does the USPTO handle partial disqualification of prior art through a 37 CFR 1.130(b) declaration?

The USPTO allows for partial disqualification of prior art through a 37 CFR 1.130(b) declaration. If the declaration shows that only a portion of the intervening disclosure was previously publicly disclosed by the inventor, the remaining portion may still be available as prior art. The MPEP states:

Any remaining portion of an intervening grace period disclosure that was not previously publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor is available as prior art under 35 U.S.C. 102(a)(1).

For example: If the inventor or a joint inventor had publicly disclosed elements A, B, and C, and a subsequent intervening grace period disclosure discloses elements A, B, C, and D, then only element D of the intervening grace period disclosure is available as prior art under 35 U.S.C. 102(a)(1).

To learn more:

• 37 CFR 1.130(b)
• declarations
• affidavits
• partial disqualification
• prior art

To learn more:

• 37 CFR 1.130(b)