What date must be overcome under 37 CFR 1.131?

Under 37 CFR 1.131, which pertains to the ability to overcome a reference by demonstrating prior invention, it is essential to establish an effective date that precedes the effective date of the cited reference. The effective date of the reference is crucial as it represents the point in time when the reference becomes available prior art against the pending application.

To successfully negate the impact of a reference under 1.131, a party must provide evidence that they were in possession of the claimed invention prior to that reference’s effective date. This could involve proving the conception of the invention, diligent reduction to practice, or other forms of evidence that demonstrate prior inventive activity. Consequently, addressing the effective date of the reference is fundamental in establishing priority and overcoming potential rejection based on that prior art.

Other answers, such as the filing date of the application or the publication date of the reference, do not directly address the requirements of 37 CFR 1.131 in the same manner. The issuance date of a patent represents when it becomes enforceable, but it is the effective date of the reference that dictates whether the prior art is applicable in terms of its potential to block patentability.