What is a requirement for a 1.130(b) affidavit in terms of disclosure similarity?

A 1.130(b) affidavit is related to overcoming a rejection based on a prior patent application. The key aspect of this affidavit is that it permits applicants to rely on earlier disclosures to show that their claims are supported by previously filed applications. In this context, it is critical to understand that while the subject matter must be similar, there is no requirement for the identical terms to be used in the original disclosure and the current claims. This flexibility allows applicants to argue that, although the specific phrases may differ, the underlying subject matter is adequately disclosed.

This is crucial as it recognizes that language and terminology can evolve over time or can be articulated differently while still conveying the same idea or technical content. Therefore, the affidavit focuses on whether the earlier application adequately describes the invention claimed, rather than requiring that identical terminology be used, thus supporting a broader scope of interpretations which can help in obtaining patent protection.