What must a 1.130(a) affidavit demonstrate regarding disclosures?

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A 1.130(a) affidavit must demonstrate that the disclosure was enabling. This means that the affidavit must provide evidence that the information disclosed enables a person skilled in the art to make and use the claimed invention without undue experimentation. Enabling disclosure is a critical requirement for establishing priority in patent law, as it validates the effectiveness and completeness of the information being relied upon to support the claims of the patent application. The significance of enabling disclosures lies in ensuring that the invention is sufficiently described, allowing others to practice it based on the shared knowledge.

Other factors, such as whether the disclosure was received in writing, the approval of all inventors, or the timing of the disclosure relative to the filing date, may be relevant in different contexts but are not the core requirement of a 1.130(a) affidavit. The emphasis is distinctly on enabling disclosure to uphold the integrity and utility of the patent application process.

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