Affidavits under 37 C.F.R. 1.132 are used for overcoming rejections or objections of claims in any application or a patent under reexamination. Basically, if any evidence submitted in order to traverse a rejection or objection is not provided for in any other specific rule, it should be submitted under 37 C.F.R. 1.132. Therefore, affidavits under 37 C.F.R. 1.132 are a “catch all” for anything one might come up with that isn't covered in any of the other rules of the PTO.

Affidavits under 37 C.F.R. 1.132 are commonly used for attempting to overcome rejections based on the obviousness of the invention. In these instances, applicants may submit evidence of unexpected results produced by their invention. In addition, objective evidence supporting commercial success or a critical need for the invention may also be helpful. Examiners will even consider objective evidence related to the failure of a previous invention to produce the stated results. Even the skepticism of experts will be considered evidence for affidavits under 37 C.F.R. 1.132.