Affidavits or Declarations Under 37 CFR 1.132 and Other Evidence Traversing Rejections

37 CFR 1.132  Affidavits or declarations traversing rejections or objections.

When any claim of an application or a patent under reexamination is

rejected or objected to, any evidence submitted to traverse the rejection or objection

on a basis not otherwise provided for must be by way of an oath or declaration under

this section.

It is the responsibility of the primary examiner to personally review and

decide whether affidavits or declarations under

37 CFR 1.132

and other evidence

submitted for the purpose of traversing grounds of rejection are responsive to the

rejection and present sufficient facts to overcome the rejection. Publications may be

evidence of the facts at issue and should be considered to the extent that they are

probative and properly submitted. See

MPEP § 716.01

et seq

.

This rule sets forth the general policy of the Office consistently followed

for a long period of time of receiving affidavit evidence traversing rejections or

objections. All affidavits or declarations presented which do not fall within or under

other specific rules are to be treated or considered as falling under this rule.

An affidavit is a statement in writing made under oath

before a notary public, magistrate, or officer authorized to administer oaths. See

MPEP §

602

et seq.

for additional information regarding formal requirements of

affidavits.

37 CFR 1.68

permits a declaration to be

used instead of an affidavit. The declaration must include an acknowledgment by the

declarant that willful false statements and the like are punishable by fine or

imprisonment, or both (

18

U.S.C. 1001

) and may jeopardize the validity of the application or

any patent issuing thereon. The declarant must set forth in the body of the declaration

that all statements made of the declarant’s own knowledge are true and that all statements

made on information and belief are believed to be true

nt that willful false statements and the like are punishable by fine or

imprisonment, or both (

18

U.S.C. 1001

) and may jeopardize the validity of the application or

any patent issuing thereon. The declarant must set forth in the body of the declaration

that all statements made of the declarant’s own knowledge are true and that all statements

made on information and belief are believed to be true.

Form paragraph

7.65

or

7.66

and any of form paragraphs

7.66.01

through

7.66.05

, as appropriate,

should be used to comment on a

37 CFR 1.132

affidavit or

declaration.