When is an affidavit or declaration under 37 CFR 1.131(a) not appropriate?

An affidavit or declaration under 37 CFR 1.131(a) is not appropriate in several situations, including:

• When the reference is claiming interfering subject matter as defined in 37 CFR 41.203(a)
• When the reference is a statutory bar under pre-AIA 35 U.S.C. 102(b)

The MPEP states: An affidavit or declaration under 37 CFR 1.131(a) is not appropriate in the following situations: clearly [Note: The full list is not provided in the given excerpt]

In cases where the reference claims interfering subject matter, the MPEP advises: If the reference and this application are not commonly owned, the reference can only be overcome by establishing priority of invention through interference proceedings.

To learn more:

• 37 CFR 1.131(a)
• affidavit
• declaration
• interfering subject matter
• statutory bar
• patent rejection

To learn more:

• 37 CFR 1.131(a)