Ex parte Kroger
219 USPQ 370BPAI
AI-generated holding
A rejection based on a publication may stand despite the alleged inventors' declarations of sole inventorship where a nonapplicant co-author submits a letter asserting his own inventorship; such declarations alone do not establish that the applicants are the sole inventors.
Generated summary for orientation only — not legal advice. Verify against the opinion.
Cited by the manual
4 sections§ 2132.01→§ 2155.01→§ 716.10→§ 717.01(a)(1)→
Pre-AIA 35 U.S.C. 102(a)
2 mentions
Use of Affidavits or Declarations Under 37 CFR 1.130 To Overcome Prior Art Rejections
“nonapplicant author's inventorship letter can defeat declarations of alleged inventors”
Affidavits or Declarations Under 37 CFR 1.132 and Other Evidence Traversing Rejections
1 mention
Prior Art Exceptions under AIA 35 U.S.C. 102(b)(1) and (2)
1 mention