What types of prior art can be overcome with a 37 CFR 1.131(a) affidavit?

An affidavit or declaration under 37 CFR 1.131(a) can be used to overcome certain types of prior art rejections. Specifically, it can be used to overcome rejections based on:

• Pre-AIA 35 U.S.C. 102(a) references
• Pre-AIA 35 U.S.C. 102(e) references

MPEP 715 states:

37 CFR 1.131(a) affidavits are applicable to overcome rejections under pre-AIA 35 U.S.C. 102(a) or 102(e).

However, it’s important to note that this affidavit cannot be used to overcome certain other types of prior art, such as those under 35 U.S.C. 102(b) or statutory bars.

To learn more:

• prior art
• 37 CFR 1.131(a)
• 35 U.S.C. 102(a)
• 35 U.S.C. 102(e)

To learn more:

• 37 CFR 1.131(a)
• 35 U.S.C. 102(a)
• 35 U.S.C. 102(e)