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See MPEP §§ 706.02(a), 706.02(f)(1), and 2136 - 2136.03. Foreign Patents See MPEP §§ 2126 through 2127 regarding date of availability of foreign patents as prior art. Printed Publications A printed publication, including a published foreign patent application, is effective as of its publication date, not its date of receipt by the publisher. An affidavit or declaration is inappropriate under 37 CFR 1.131(a) when the reference is claiming interfering subject matter as defined in 37 CFR 41.203(a), see MPEP Chapter 2300.
patent application publication of a pending or patented application that claims the rejected invention.
For a discussion of 37 CFR 1.130, affidavits or declarations of attribution or prior public disclosure in applications subject to the first inventor to file provisions of the AIA, see MPEP § 717. 102(a), (e), or (f) unless overcome by an affidavit or declaration under 37 CFR 1.131(a) showing prior invention (see MPEP § 715) or by an affidavit or declaration under 37 CFR 1.132. [Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.
In re Facius, 408 F.2d 1396, 161 USPQ 294 (CCPA 1969).
The disclosure in the reference of the use of PVP with two detergents, both of which differed from that shown in applicant’s 37 CFR 1.131(a) affidavit, was considered a disclosure of different embodiments of a single invention, rather than species of a claimed genus); In re Defano, 392 F.2d 280, 157 USPQ 192 (CCPA 1968). REFERENCE OR ACTIVITY DISCLOSES CLAIMED GENUSIn general, where the reference or activity discloses the claimed genus, a showing of completion of a single species within the genus is sufficient to antedate the reference or activity under 37 CFR 1.131(a). The test is whether the species completed by applicant prior to the reference date or the date of the activity provided an adequate basis for inferring that the invention has generic applicability. 37 CFR 1.68 permits a declaration to be used instead of an affidavit. 1001) and may jeopardize the validity of the application or any patent issuing thereon.
See In re Fong, 288 F.2d 932, 129 USPQ 264 (CCPA 1961) (Where applicant discloses and claims a washing solution comprising a detergent and polyvinylpyrrolidone (PVP), with no criticality alleged as to the particular detergent used, the PVP being used as a soil-suspending agent to prevent the redeposition of the soil removed, the invention was viewed as the use of PVP as a soil-suspending agent in washing with a detergent. In re Shokal, 242 F.2d 771, 113 USPQ 283 (CCPA 1957). Petitions under 37 CFR 1.183 are decided by the Office of Petitions (see MPEP § 1002.02(b)). FORMAL REQUIREMENTS OF AFFIDAVITS AND DECLARATIONSAn affidavit is a statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths. for additional information regarding formal requirements of affidavits.
102(g)/103, or, in an application filed on or after November 29, 1999, under pre-AIA 35 U. The test is whether the facts set out in the affidavit are such as would persuade one skilled in the art that the applicant possessed so much of the invention as is shown in the reference.
patent application publication reference is entitled to claim the benefit of an earlier filed application, its effective filing date is determined under pre-AIA 35 U. FORM PARAGRAPHSForm paragraphs 7.57- 7.64may be used to respond to 37 CFR 1.131(a) affidavits. See MPEP Chapter 2300 for information on initiating interference proceedings. 102(b) and thus cannot be overcome by an affidavit or declaration under 37 CFR 1.131(a).  The evidence submitted is insufficient to establish applicant’s alleged actual reduction to practice of the invention in this country or a NAFTA or WTO member country after the effective date of the  reference. [Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.
For additional information regarding effective dates of printed publications, see MPEP §§ 2128 - 2128.02. Activities An applicant may make an admission, or submit evidence of use of the invention or knowledge of the invention by others, or the examiner may have personal knowledge that the invention was used or known by others in this country. The effective date of the activity used to reject the claim(s) is the date the activity was first known to have occurred. If the reference and this application are not commonly owned, the reference can only be overcome by establishing priority of invention through interference proceedings.  The evidence submitted is insufficient to establish diligence from a date prior to the date of reduction to practice of the  reference to either a constructive reduction to practice or an actual reduction to practice.
patent application publication, or WIPO publication of an international application as a reference under pre-AIA 35 U.
The effective date of a domestic patent when used as a reference in a rejection under pre-AIA 35 U.