What is the importance of corroborating evidence in antedating a reference?
Corroborating evidence plays a crucial role in antedating a reference, as highlighted in MPEP 715.07. The importance of corroboration stems from the need to provide independent support for the inventor’s claims. Key points include:
- Corroboration helps establish credibility of the inventor’s statements
- It provides additional weight to the evidence of prior invention
- Corroborating evidence can come from various sources, including witness testimony, documents, or physical exhibits
- The level of corroboration required may vary based on the facts of each case
The MPEP states: ‘Each case must be decided on its own facts with the weight of the corroborating evidence being judged accordingly.’ This means that while corroboration is important, the specific amount and type needed can depend on the circumstances of the invention and the available evidence. Strong corroborating evidence can significantly strengthen an inventor’s case for antedating a reference.
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