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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.
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