What are the requirements for exhibits filed with affidavits or declarations under 37 CFR 1.130?

Exhibits filed as part of an affidavit or declaration under 37 CFR 1.130 must comply with specific requirements. The MPEP states:

Exhibits, such as those filed as part of an affidavit or declaration under 37 CFR 1.130, must comply with the requirements of 37 CFR 1.91 to be entered into an application file. Exhibits that do not comply with the requirements of 37 CFR 1.91 will be disposed of or returned to applicant at the discretion of the Office.

This means that all exhibits must meet the standards set forth in 37 CFR 1.91 to be accepted and included in the application file. If they don’t meet these requirements, they may be discarded or sent back to the applicant. For more information on exhibit requirements, the MPEP refers to section 608.03(a).

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