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  • 2100

    For AIA (FITF) applications, can an applicant swear behind a reference or show prior activity to overcome a prior art reference?

    Posted by Rajesh on 04/01/2026 at 10:11 pm

    Don’t agree with the answer here. Is should be purely “NO” since the USPTO does not allow the inventor to “SWEAR” behind a reference under AIA. “SWEAR” is a term of art referring to Rule 131 affidavits, which the AIA got rid of.

    Rajesh replied 3 weeks, 4 days ago 1 Member · 0 Replies
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