What happens if a declaration under 37 CFR 1.130(b) is insufficient?

What happens if a declaration under 37 CFR 1.130(b) is insufficient?

If a declaration under 37 CFR 1.130(b) is insufficient, the examiner will determine whether the subject matter disclosed and the claimed invention are identical or if the subject matter disclosed is obvious over the claimed invention. As stated in MPEP 717.01(b)(1):

“If the declaration is not sufficient to establish that the subject matter was 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, Office personnel will determine if the subject matter disclosed in the patent, patent application publication, or other publication that is the basis for the rejection and the claimed invention are identical (i.e., if the rejection is anticipation) or an obvious variant (i.e., if the rejection is for obviousness).”

If the subject matter is identical or obvious, the examiner will maintain the rejection and explain why the declaration is insufficient.

To learn more:

• 37 CFR 1.130(b)
• declaration
• insufficiency
• examiner evaluation
• anticipation
• obviousness

To learn more:

• 37 CFR 1.130(b)