What evidence can be submitted to show prior invention under 37 CFR 1.131(a)?
According to MPEP 715.07, evidence to show prior invention under 37 CFR 1.131(a) can include:
- Attached sketches
- Attached blueprints
- Attached photographs
- Attached reproductions of notebook entries
- An accompanying model
- Attached supporting statements by witnesses
- Testimony given in an interference
- Documents submitted under the Disclosure Document Program (discontinued February 1, 2007)
The MPEP states: Evidence in the form of exhibits may accompany the affidavit or declaration. Each exhibit relied upon should be specifically referred to in the affidavit or declaration, in terms of what it is relied upon to show.
It’s important to note that mere general allegations are not sufficient. The MPEP emphasizes: FACTS, not conclusions, must be alleged.
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