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

A 1.130(b) affidavit is a mechanism used in patent law to overcome a rejection based on prior art by demonstrating that the subject matter in the application is supported by earlier disclosures. The crucial aspect of such an affidavit is that it illustrates the similarity of the disclosed subject matter without a strict requirement for the use of identical terms.

This is significant because the focus of the requirement is to ensure that the related disclosures effectively communicate the same idea or concept, allowing for variations in wording. This flexibility acknowledges that different phrases can convey the same technical information, and thus, the emphasis is on the substance of the disclosure rather than the specific language used. In practical terms, inventors and applicants can reference prior disclosures using different but equivalent terminology, which can still be sufficient to support their claims in terms of coherence and relevance.

This principle allows for a broader interpretation, making it easier for applicants to utilize earlier disclosures. As such, while having similar terminology can help clarify the connection, it is not a strict prerequisite for the affidavit's validity. Thus, the requirement focuses on the sufficiency of the substance of the disclosure rather than an exact matching of the words.