Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[astrojudo]

Hi all,

Is a declaration necessary for overcoming a 102(a) rejection when relying on the argument that the reference cited by the Examiner is not by "another"?

thanks

[Oh, Crud]

Is a declaration necessary for overcoming a 102(a) rejection when relying on the argument that the reference cited by the Examiner is not by "another"?

I don't get what you would do with a declaration?  I mean, if you have an app by Bill and Ted, and a reference less than 1 year pre-published also by Bill and Ted, then those facts are evident on their face.  They may need to be argued to the examiner by the agent, but I don't see what a dec would do.

[lazyexaminer]

I don't get what you would do with a declaration?  I mean, if you have an app by Bill and Ted, and a reference less than 1 year pre-published also by Bill and Ted, then those facts are evident on their face.  They may need to be argued to the examiner by the agent, but I don't see what a dec would do.

That is the easy case. I assume he means the app is by Bill and Ted, reference is by Bill and Ted and Keanu, and he wants to prove that Keanu had nothing to do with the invention so the reference isn't really by another. In that case see MPEP 715.01(c), which indicates a declaration should be filed to establish the reference is describing applicant's own work.