Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art
| Currency | Current through May 31, 2023 |
| Citation | 37 C.F.R. §1.131 |
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15 cases
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Zhou v. Keagy
...Chen '649. (ZX 2004, Office Action of 11/29/95, p. 9). In response to the rejection over Chen, Keagy filed several declarations under 37 CFR § 1.131 in an effort to overcome the Chen reference. According to Zhou, however, these declarations are insufficient to establish an actual reduction ......
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Ex parte Steen
...20 (App. Br. 6-7; Reply Br. 4). Appellant does not challenge the merits of the references. Instead, Appellant filed a Declaration under 37 C.F.R. § 1.131 on July 2, 2009 to antedate the Truston reference. The Examiner found the Declaration deficient, and issued a final rejection on October ......
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Ex parte Olchanski
...authorities, we agree with the Examiner that Appellants' Declarations are improper and unpersuasive for the reasons that follow. Title 37 C.F.R. § 1.131 provides that a party, in certain circumstances, may establish, by a showing of fact, invention prior to a reference applied in a rejectio......
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Ex parte Lakshmanan
...of the claim language). [3] See n.2. supra. [4] See Evidence Appendix (App. Br. 21): "No evidence submitted pursuant to 37 C.F.R. §§ 1.130, 1.131, or 1.132 of this title or of any other evidence entered by the Examiner has been relied upon by Appellants in this Appeal, and thus no evidence ......
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18 firm's commentaries
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Intellectual Property Basics (Updated)
...where necessary for understanding of the subject matter sought to be patented.” 35 U.S.C. §§104, 111, (Rev. 11/21/14) 44 112, 113, 120; 37 C.F.R. §1.131. However, once the patent issues, “the failure to disclose best mode shall not be a basis on which any claim of a patent may be cancelled ......
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Intellectual Property Basics
...furnish a drawing where necessary for understanding of the subject matter sought to be patented.” 35 U.S.C. §§104, 111, 112, 113, 120; 37 C.F.R. §1.131. 145 See the discussion in the text and endnotes concerning disclosure requirements that must be met for a provisional to provide a priorit......
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Antedating References at PTAB: Trends and Pitfalls
...to practice because the inventors made only minimal revisions to a draft patent application over a five-week period of time. 4. Relying on Rule 1.131 In Corning Inc. v. DSM IP Assets BV,[21] the PTAB stated that declarations under 37 C.F.R § 1.131, or equivalents thereof, are insufficient t......
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Major Patent Law Changes First-to-File Provisions - Effective March 16, 2013
...invented the claimed invention before the effective date of the prior art disclosure of the subject matter (e.g., under the provisions of 37 CFR 1.131). Accordingly, using the date of conception to overcome a reference will no longer be an option. The AIA revisions to 35 U.S.C. § 102 also e......
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