What is the legal basis for using interference testimony to antedate a reference?
The legal basis for using interference testimony to antedate a reference is rooted in patent law and practice, as documented in the Manual of Patent Examining Procedure (MPEP). Specifically, MPEP 715.07(b) cites a legal precedent:
Ex parte Bowyer, 1939 C.D. 5, 42 USPQ 526 (Comm’r Pat. 1939).
This case established the practice of using interference testimony in lieu of a 37 CFR 1.131(a) affidavit or declaration to antedate a reference. It’s important to note that this practice is primarily applicable to pre-AIA applications or when overcoming pre-AIA 35 U.S.C. 102(g) rejections in AIA applications.
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