MPEP Q&A 192: Overcome Provisional Obviousness Rejection - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2020-03-03T15:02:07
Question: How can a provisional obviousness rejection be overcome? Answer: A provisional obviousness rejection can be overcome by: Arguing patentability over the earlier filed application; Combining the subject matter of the copending applications into a single application claiming benefit under 35 U.S.C. 120 of the prior applications and abandoning the copending applications Filing an affidavit or declaration under 37 CFR 1.132 showing that any unclaimed invention disclosed in the copending application was derived from the inventor of the other application and is thus not invention “by another”; Filing an affidavit or declaration under 37 CFR 1.131(a) showing a date of invention prior…
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