37 CFR 1.132 - Affidavits or declarations traversing rejections or objections

Cite as37 CFR 1.132
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2397 practice notes
  • Part II
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...an opportunity to suggest presentation of affidavit, e.g., an antedating affidavit under 37 CFR 1.131, or comparative test results under 37 CFR 1.132. Accordingly, the practitioner may not report an Office action to the inventor-client until after a response has been prepared and filed. Thi......
  • Patent cases: Patent business goals; implementation,
    • United States
    • Federal Register October 05, 1998
    • October 5, 1998
    ...facie case of unpatentability of the identified claim. For example, a request for a review of whether affidavits or declarations under 37 CFR 1.132 overcome a prima facie case of unpatentability would exceed the limits of the limited pre-brief review under The limited review would focus on ......
  • Practice and procedure: Patent and trademark cases rules of practice; representation of others before Patent and Trademark Office,
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...an opportunity to suggest presentation of affidavit, e.g., an antedating affidavit under 37 CFR 1.131, or comparative test results under 37 CFR 1.132. Accordingly, the practitioner may not report an Office action to the inventor-client until after a response has been prepared and filed. Thi......
  • Changes To Implement the First Inventor To File Provisions of the Leahy-Smith America Invents Act
    • United States
    • Federal Register February 14, 2013
    • February 14, 2013
    ...inventor of an application. The requirements of these provisions are comparable to requirements for affidavits and declarations under 37 CFR 1.132 for an applicant to show that a prior art disclosure is the applicant's own work (see case law cited in MPEP sections 716.10 and 2132.01) or tha......
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2384 cases
  • Bristol-Myers Squibb Co. v. Teva Pharms. United States, Inc., No. 2013–1306.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • October 20, 2014
    ...for providing this evidence is the submission of comparative data in affidavits or declarations filed pursuant to USPTO Rule 132, 37 C.F.R. § 1.132. Such data may involve new experiments performed on the invention and the prior art for purposes of comparison, and information already known a......
  • Jeneric/Pentron, Inc. v. Dillon Company, Inc., No. 3:98cv818(EBB) (D. Conn. 8/27/2001), No. 3:98cv818(EBB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • August 27, 2001
    ...testified during the original litigation over the `791 Patent), dated February 23, 1999 [hereinafter "Sisson Declaration"], pursuant to 37 C.F.R. § 1.132. The IDS disclosed that Plaintiff/Applicant was party to litigation against Defendants in a patent infringement action concerning the `79......
  • Avocent Huntsville Corp. v. Clearcube Technology, No. CIVA CV03S2875NE.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • July 12, 2006
    ...may be entered on the recommendation of the primary examiner, approved by the Commissioner, without withdrawing the case from issue. 37 C.F.R. § 1.132(a) According to Mark Clodfelter, he was informed by Charles Phillips, sometime during mid-1999, that the patent office had finally rejected ......
  • Bristol-Myers Squibb Co. v. Teva Pharm. USA, Inc., No. 2013–1306.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • October 20, 2014
    ...for providing this evidence is the submission of comparative data in affidavits or declarations filed pursuant to USPTO Rule 132, 37 C.F.R. § 1.132. Such data may involve new experiments performed on the invention and the prior art for purposes of comparison, and information already known a......
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22 firm's commentaries
  • IP Update, Vol. 15, No. 4, April 2012
    • United States
    • JD Supra United States
    • April 30, 2012
    ...which require only a limited amount of further consideration or search. The response comprises a perfected 37 C.F.R. § 1.131 or 37 C.F.R. § 1.132 affidavit or declaration (i.e., a new declaration that corrects formal defects noted in a prior affidavit or declaration) which can be determined......
  • Patent Applicants Can Submit New Evidence to the District Court in Civil Actions Under §145 (IP Update, Vol. 15, No. 4, April 2012 - Part 1)
    • United States
    • Mondaq United States
    • May 3, 2012
    ...which require only a limited amount of further consideration or search. The response comprises a perfected 37 C.F.R. § 1.131 or 37 C.F.R. § 1.132 affidavit or declaration (i.e., a new declaration that corrects formal defects noted in a prior affidavit or declaration) which can be determined......
  • PTAB Appellants May Improve Outcomes By Filing Supplemental Expert Declarations
    • United States
    • Mondaq United States
    • December 13, 2019
    ...Supplemental Brief under MPEP § 1205.02, citing Berkheimer as new authority and including factual evidence, such as a declaration under 37 C.F.R. § 1.132 explaining why one of ordinary skill in the art would view updating a corpus based on threaded online discussions as not being well-under......
  • October 2019 Patent Eligibility Guidance Update
    • United States
    • JD Supra United States
    • November 18, 2019
    ...Update indicates that the burden shifts to the applicant to prove patentability. The applicant may respond by submitting evidence under 37 C.F.R § 1.132, such as a declaration providing testimony on how one of ordinary skill in the art would interpret the disclosed invention as improving te......
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1 books & journal articles

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