37 CFR 1.131 DECLARATION

Oct 15, 11
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  • Under U.S. rules, an affidavit or declaration under 37 CFR 1.131 is used to " swearing behind" a reference and an affidavit or declaration under 37 CFR 1.132 is .
  • 1.131 Affidavit or declaration of prior invention. (a) When any claim of an application or a patent under reexamination is rejected, the inventor of the subject .
  • May 1, 1995 – Under the proposed addition to 37 CFR 1.131, an affidavit or declaration could be filed by a party to overcome a 35 U.S.C. 103 rejection .
  • Apr 9, 2010 – (B) File a declaration under 37 CFR 1.131 to establish the .
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  • Jump to Swearing Back of Reference — Affidavit or Declaration Under 37 . ‎: 37 CFR 1.131. Affidavit or declaration of prior .
  • 37 CFR 1.131 Affidavit or declaration of prior invention. (a) When any claim .
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  • May 12, 2007 – MPEP 715.05 WHO MAY MAKE AFFIDAVIT OR DECLARATION The following parties may make an affidavit or declaration under 37 CFR 1.131 .
  • Sep 30, 1994 – Section 1.131(a) prohibits affidavits or declarations .
  • 37 CFR 1.131 Affidavit or declaration of prior invention. .
  • Jun 2, 2009 – A solid 1.131 affidavit must be accompanied by documentary .
  • The following parties may make an affidavit or declaration under 37 CFR 1.131: ( A) All the inventors of the subject matter claimed. (B) An affidavit or declaration .
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  • However, it will also affect practice under 37 CFR 1.131 and the desirability of . .. by filing a 37 CFR 1.131 declaration antedating the species patent's filing date. .
  • Jan 6, 2010 – Declaration evidence under 37 C.F.R. 1.131 and/or 1.132 may form the basis of an SNQ in requests for reexaminatio at the USPTO.
  • Under U.S. rules, an affidavit or declaration under 37 CFR 1.131 is used to " swearing behind" a reference and an affidavit or declaration under 37 CFR 1.132 is .
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  • Advantages over prior art 707.07(f); Adverse recommendation under 37 CFR 1.312 . Affidavit, swearing back of reference (37 CFR 1.131) 706.02(l)(3) , 715 .
  • Sep 15, 2011 – The Board went on to find that the declaration lacked sufficient . of 37 C.F.R. § 1.131, they should observe that the existing declaration .
  • Dec 20, 2010 – In pursuing issue (2) before the USPTO, the Patentee failed .
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  • The purpose of a 37 CFR 1.131 affidavit or declaration is to overcome a prior art rejection by proving invention of the claimed subject matter by applicant prior to .
  • Sep 30, 1994 – Section 1.131(a) prohibits affidavits or declarations .
  • The 37 CFR 1.131 affidavit or declaration must establish possession of .
  • Mar 29, 2010 – Although I have never had a 1.131 Declaration voided at the BPAI, . . can overcome the rejection directly under 37 CFR 1.131 by showing prior .
  • Affidavit or declaration 1.131 - M.P.E.P. Section 715.02 and 37 C.F.R. 1.131 . The 37 CFR 1.131 affidavit or declaration must establish possession of either the .
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  • Jun 30, 2010 – . (e) unless overcome by affidavit or declaration under .
  • Apr 18, 2010 – See MPEP § 715 under heading “Situations Where 37 CFR 1.131 Affidavits Or Declarations Are Inappropriate,” states “(A) Where the reference .
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  • 6 posts - 3 authors - Last post: Aug 27, 200937 CFR 1.47 refers to oath or declaration during filing and this application .
  • Since appellant and Hanna are claiming the "same patentable invention," the affidavit of record under 37 CFR 1.131 is inappropriate and, unless appellant can .
  • Mar 31, 2010 – . the BPAI considers to be a sufficient § 1.131 (swear behind) declaration. . and , thus, does not satisfy the requirements of 37 CFR 1.131(b). .
  • (D) Filing an affidavit or declaration under 37 CFR 1.131 showing prior invention, if the reference is not a U.S. patent or a U.S. patent application publication .
  • Under U.S. rules, an affidavit or declaration under 37 CFR 1.131 is used to " swearing behind" a reference and an affidavit or declaration under 37 CFR 1.132 is .
  • Apr 23, 2009 – My question here is, it seems that I can *never* use a 37 CFR 1.131 affidavit to defeat a rejection under USC 102(a), if the 102(a) rejection is .
  • 10 posts - 5 authors - Last post: Aug 18, 201037 CFR 1.131 requires the inventors of the rejected subject matter to make an affidavit/declaration swearing behind a reference, unless the .
  • Effective Date: The effective date for the amendments to 37 CFR 1.17 and 1.102 published at 76 FR 18399, April 4, 2011 (the Track I final rule) is delayed until .
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  • 37 CFR 1.132, Affidavits or declarations traversing rejections or objections., Updated November 2005 (BitLaw)
  • Nov 16, 2009 – But by forcing an applicant to make a 37 CFR 1.131 declaration, the patent office has at least applied the first-to-invent concept to the extent that .

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