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2309.03 Affidavits and Declarations Retained in File - 2300 Interference Proceedings
2309.03 Affidavits and Declarations Retained in File
When there are of record in the file of the application affidavits or declarations under 37 CFR 1.131 or 1.608, they should not be sealed but should be left in the file for consideration by the Board.
Affidavits and declarations under 37 CFR 1.131 and 1.608 are available for inspection by an opposing party to an interference after the preliminary motions under 37 CFR 1.633 are decided. See 37 CFR 1.612(b).
Affidavits or declarations in the file of a patent are not removed, inasmuch as they have been available to the public since the date the patent issued.
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