What is the significance of the EmeraChem Holdings, LLC v. Volkswagen Grp. of Am., Inc. case in MPEP 715.01(a)?
The EmeraChem Holdings, LLC v. Volkswagen Grp. of Am., Inc. case is cited in MPEP 715.01(a) to illustrate the importance of providing sufficient context and evidence when submitting inventor declarations. The case highlights that a bare assertion of inventorship, especially when made long after the invention, is not enough to overcome a rejection.
The MPEP states: See EmeraChem Holdings, LLC v. Volkswagen Grp. of Am., Inc., 859 F.3d 1341, 123 USPQ2d 1146 (Fed. Cir. 2017) (The court found the declaration submitted by inventor Campbell more than twenty years after the invention insufficient to establish that he and Mr. Guth (deceased) were the inventors of the subject matter disclosed in a patent naming Campbell, Guth, Danziger, and Padron as inventors because ‘[n]othing in the declaration itself, or in addition to the declaration, provides any context, explanation, or evidence to lend credence to the inventor’s bare assertion.’).
This case underscores the need for inventors to provide substantial evidence and context when attempting to overcome rejections based on references with different inventive entities.
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