When submitting a 1.130(b) affidavit, what must accompany it if the prior disclosure was a printed publication?

When submitting a 1.130(b) affidavit in the context of a prior disclosure that was a printed publication, including a copy of the printed publication is essential. This requirement exists because the affidavit is intended to demonstrate that the prior disclosure does not constitute a bar to patentability for the claimed invention. By providing a copy of the printed publication, the applicant gives the United States Patent and Trademark Office (USPTO) the necessary information to verify the claim and assess the specific details of the prior art. This allows the examiner to determine whether the prior publication indeed supports the argument made in the affidavit concerning the patent's novelty and non-obviousness.

This requirement also aligns with the overall purpose of the 1.130(b) affidavit, which is to establish that the prior art raise issues related to the patentability of the claims being pursued. Without the actual printed publication, the affidavit would lack the supporting documentation necessary for sufficient evaluation by the patent office.