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.
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).
In re Hilmer, 359 F.2d 859, 149 USPQ 480 (CCPA 1966). Conception is more than a vague idea of how to solve a problem.
While conception is the mental part of the inventive act, it must be capable of proof, such as by demonstrative evidence or by a complete disclosure to another.
The common assignee does not obtain any rights in this regard by virtue of common ownership which he or she would not have in the absence of common ownership. Where, however, a rejection is applied under pre-AIA 35 U.
For a discussion of affidavits or declarations under 37 CFR 1.131(c), see MPEP § 718.] The mere fact that the reference patent or application publication which shows but does not claim certain subject matter and the application which claims it are owned by the same assignee does not avoid the necessity of filing an affidavit or declaration under 37 CFR 1.131(a), in the absence of a showing under 37 CFR 1.132 that the patentee derived the subject matter relied on from the applicant (MPEP § 716.10). 1960); In re Beck, 155 F.2d 398, 69 USPQ 520 (CCPA 1946). 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. If a country joined the WTO after January 1, 1996, the effective date for proving inventive activity in that country for the purpose of pre-AIA 35 U. See MPEP § 213.01 for a list that includes WTO member countries. 104 and 37 CFR 1.131(a) is the date the country becomes a member of the WTO. REFERENCE DATE TO BE OVERCOMEThe date to be overcome under 37 CFR 1.131(a) is the effective date of the reference (i.e., the date on which the reference is available as prior art). Patent Application Publications, and International Application Publications See MPEP §§ 706.02(a), 706.02(f)(1), and 2136 - 2136.03 for a detailed discussion of the effective date of a U. The purpose of a 37 CFR 1.131(a) affidavit or declaration is to overcome a prior art rejection under pre-AIA 35 U. In some situations, an applicant may, alternatively, be able to overcome prior art rejections relying on references or activities which are available as prior art under pre-AIA 35 U.