Antedating in patent law
Acts occurring prior to the effective dates of NAFTA or URAA may be relied upon to show completion of the invention; however, a date of completion of the invention may not be established under 37 CFR 1.131(a) before December 8, 1993, in a NAFTA country or before January 1, 1996, in a WTO country other than a NAFTA country, in applications subject to pre-AIA 35 U. In addition, patent application publications and certain international application publications having an effective prior art date prior to the application being examined may be used in a rejection of the claims. Such a rejection may be overcome, in certain instances noted below, by filing of an affidavit or declaration under 37 CFR 1.131(a), known as “swearing behind” the reference. 102, and to overcome rejections under pre-AIA 35 U. For a discussion of affidavits or declarations under 37 CFR 1.131(c), see MPEP § 718.] Under 37 CFR 1.131(a) which provides for the establishment of a date of completion of the invention in a NAFTA or WTO member country, as well as in the United States, an applicant or patent owner can establish a date of completion in a NAFTA member country on or after December 8, 1993, the effective date of section 331 of Public Law 103-182, the North American Free Trade Agreement Act, and can establish a date of completion in a WTO member country other than a NAFTA member country on or after January 1, 1996, the effective date of section 531 of Public Law 103-465, the Uruguay Round Agreements Act (URAA). Any printed publication or activity dated prior to an applicant’s or patent owner’s effective filing date, or any domestic patent of prior filing date, which is in its disclosure pertinent to the claimed invention, is available for use by the examiner as a reference in the rejection of the claims of the application or patent under reexamination. Camran Nezhat, was already in possession of a draft application he received from his patent attorney on January 28, 1998.The application that issued as the ‘384 patent was filed on May 1, 1998. Nezhat testified that he was working approximately 80 hours per week at his medical practice and performing four to six surgeries each week. In re Hilmer, 359 F.2d 859, 149 USPQ 480 (CCPA 1966). Conception is more than a vague idea of how to solve a problem.
The effective date of a domestic patent when used as a reference in a rejection under pre-AIA 35 U.
For a discussion of 37 CFR 1.130, affidavits or declarations of attribution or prior public disclosure in applications subject to the first inventor to file provisions of the AIA, see MPEP § 717. If a country joined the WTO after January 1, 1996, the effective date for proving inventive activity in that country for the purpose of pre-AIA 35 U. See MPEP § 213.01 for a list that includes WTO member countries.
104 and 37 CFR 1.131(a) is the date the country becomes a member of the WTO.
The evidence submitted is insufficient to establish a conception of the invention prior to the effective date of the  reference.
If the reference and this application are commonly owned, the reference may be disqualified as prior art by an affidavit or declaration under 37 CFR 1.131(c). The  reference is a statutory bar under pre-AIA 35 U. This form paragraph must be preceded by form paragraph 7.57
He also presented evidence that he submitted comments to his attorney about the initial draft on March 2, received questions from his attorney on March 4 and 12, participated in a conference with the attorney on March 16, and received a revised application on April 13.