Which requirement is true regarding a 1.130(b) affidavit?

A 1.130(b) affidavit is used in patent applications to overcome rejection based on certain prior art references by asserting that the claimed invention was publicly disclosed before the effective date of the prior art reference. To be effective, the affidavit must establish with sufficient clarity both the date and content of the earlier public disclosure.

The requirement to establish the date and content of an earlier public disclosure is crucial because it demonstrates that the claimed invention was known to the public prior to the date of the cited prior art, thereby indicating that the prior art does not anticipate or render the claimed invention obvious. This is essential to ensure that the applicant can prove that the alleged prior art is not actually new or non-obvious in light of their own previous work.

In addressing the other options, the first option would not meet the requirement because the affidavit must identify the subject matter that was publicly disclosed in order to clearly relate it to the claims being examined. The second choice mischaracterizes the requirement, as the focus is on public disclosures rather than non-public disclosures. Lastly, while referencing previous patent documents may not be necessary in a 1.130(b) affidavit, the affidavit can include relevant prior art information if it is pertinent to the argument being made. Therefore, the option