M.P.E.P. Section 2309.03, Affidavits and Declarations Retained in File

This document contains one section of the Manual of Patent Examining Procedure (the "MPEP"), Seventh Edition (July 1998). This page was last updated in April 2000. All of the sections of the MPEP are found in the section index.

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. If the interference proceeds normally, these affidavits or declarations will be removed and sealed up by the Service Branch of the Board and retained with the interference.

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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