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715.09 Seasonable Presentation - 700 Examination of Applications
715.09 Seasonable Presentation
Affidavits or declarations under 37 CFR 1.131 must be timely presented in order to be admitted. Affidavits and declarations submitted under 37 CFR 1.131 and other evidence traversing rejections are considered timely if submitted:
(A) prior to a final rejection;
(B) before appeal in an application not having a final rejection; or
(C) after final rejection and submitted
(1) with a first reply after final rejection for the purpose of overcoming a new ground of rejection or requirement made in the final rejection, or
(2) with a satisfactory showing under 37 CFR 1.116(b) or 37 CFR 1.195, or
(3) under 37 CFR 1.129(a).
All admitted affidavits and declarations are acknowledged and commented upon by the examiner in his or her next succeeding action.
For affidavits or declarations under 37 CFR 1.131 filed after appeal, see 37 CFR 1.195 and MPEP § 1211.02.
Review of an examiner's refusal to enter an affidavit as untimely is by petition and not by appeal to the Board of Patent Appeals and Interferences. In re Deters, 515 F.2d 1152, 185 USPQ 644 (CCPA 1975); Ex parte Hale, 49 USPQ 209 (Bd. App. 1941). See MPEP § 715.08 regarding review of questions of propriety of 37 CFR 1.131 affidavits and declarations.
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