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 overcoming a prior disclosure that constitutes a printed publication, it is essential to include a copy of the printed publication itself. This requirement serves to provide evidence and context for the argument being made in the affidavit regarding the prior disclosure.

The inclusion of the printed publication allows the patent office to accurately assess the relevance and content of the prior art in question. It ensures that the examiner can readily verify the details of the printed publication and understand its significance in relation to the claims being pursued in the new application. This direct evidence strengthens the argument for patentability by clearly demonstrating the relationship between the prior art and the current claims.

Other potential accompanying documents, such as a declaration from the inventor or a statement of common ownership, may be relevant in different circumstances but do not specifically fulfill the requirement that is directly associated with addressing prior art in the form of a printed publication. The precise inclusion of the printed publication is critical to satisfying the procedural and evidentiary standards set forth by the USPTO.