Who reviews the sufficiency of affidavits or declarations under 37 CFR 1.130?
The sufficiency of affidavits or declarations under 37 CFR 1.130 is reviewed and decided by a primary examiner. As stated in MPEP 717.01(e):
The question of sufficiency of affidavits or declarations under 37 CFR 1.130 should be reviewed and decided by a primary examiner.
This means that the primary examiner is responsible for evaluating whether the submitted affidavits or declarations meet the requirements set forth in the regulations.
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