Affidavits

Question 1

Affidavits or declarations are used to:

Answer 1

overcome prior art rejections, pre- and post-AIA; and

traversing rejections

Question 2

37 CFR 1.130a

Answer 2

Affidavit to overcome rejections as ‘own work’ under 102b1a or b2a

1.130a - ATTRIBUTION

Question 3

37 CFR 1.130b

Answer 3

Affidavit to overcome rejection from work of third parties under 102b1b or b2b

1.130b - Beat the Date of Another

Question 4

37 CFR 1.132

Answer 4

Used for traversing rejections or objections

Question 5

37 CFR 1.131

Answer 5

• Antedating patents or publications
• Effective against prior art under pre-AIA 35 U.S.C. § 102(a), 102(e), or 102(g)
• Not effective against 102(b) rejections
• Only used for “old rules” applications(pre-AIA)