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7 Cards in this Set
- Front
- Back
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When can a Declaration be used in lieu of an Affidavit?
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Anytime.
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Rule 1.131 Declaration is for what?
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To swear behind or antedate a reference.
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Rule 1.132 Dec. is for what?
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To overcome a rejection or objection on a basis not otherwise provided for, e.g. secondary evidence of nonobviousness.
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Rule 1.130 Declaration (seldom used) is used for what?
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Removing a reference used in an obviousness rejection when the reference and the application are currently owned by the same entity (for double patenting).
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Rule 1.131 includes what factual information?
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Must set forth fact showing a date of invention before the prior date of the reference.
Drawings or records must accompany and form part of the declaration, or their absence must be satisfactorily explained. |
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How does an applicant show an earlier date of invention with a Rule 1.131 declaration?
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Either:
a. Actually reduced the claimed invention to practice prior to the reference date, or (i) Conceived the claimed invention prior to the reference date, and (ii) Was reasonably diligent in RTP from a time prior to the effective date of the reference until completion of the RTP. |
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Who must sign a Rule 1.131 Declaration?
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Just the applicant who wishes to rebut the rejection.
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