What is the Patent Trial and Appeal Board’s role in reviewing affidavits under 37 CFR 1.131(a)?
The Patent Trial and Appeal Board (PTAB) plays a significant role in the review process for affidavits or declarations submitted under 37 CFR 1.131(a). According to MPEP 715.08:
Review of an examiner’s determination on the merits of a 37 CFR 1.131(a) affidavit or declaration is by appeal to the Patent Trial and Appeal Board.
This means that if an applicant disagrees with an examiner’s decision regarding the substantive content or merits of an affidavit or declaration submitted under 37 CFR 1.131(a), they can appeal this decision to the PTAB. The PTAB then has the authority to review and make a determination on the examiner’s decision, providing an important avenue for applicants to challenge substantive issues in the examination process.
To learn more: