MPEP Q & A 142: Examples of Evidence Under 37 C.F.R. 1.131(a)

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Question:

List 2 examples of evidence under 37 C.F.R. 1.131(a).

Answer:

The allegations of fact might be supported by submitting as evidence one or more of the following:

  • (A) attached sketches;
  • (B) attached blueprints;
  • (C) attached photographs;
  • (D) attached reproductions of notebook entries;
  • (E) an accompanying model;
  • (F) attached supporting statements by witnesses, where verbal disclosures are the evidence relied upon.
  • (G) testimony given in an interference. Where interference testimony is used, the applicant must point out which parts of the testimony are being relied on; examiners cannot be expected to search the entire interference record for the evidence;
  • (H) documents submitted under the Disclosure Document Program (discontinued February 1, 2007) may be used as documentary evidence of conception.

Chapter Details:

The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of Applications.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 715.07 of the MPEP.  The following is a brief summary of section 715.07.

715.07 Facts and Documentary Evidence

The essential thing to be shown under 37 CFR 1.131(a) is priority of invention and this may be done by any satisfactory evidence of the fact. This section outlines the evidence that may be submitted. For instance sketches, photographs, and models may be submitted as evidence.

In situations where the dates of the exhibits have been removed or blocked off, the matter of dates can be taken care of in the body of the oath or declaration. This section also covers three ways to show prior invention.