Which statement is accurate regarding filing an affidavit in a derivation?

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The assertion that an affidavit can help overcome rejections based on prior filings is accurate because such affidavits serve to clarify or demonstrate certain facts that may influence the patentability of an application. In the context of a derivation proceeding, the affidavit can be used to assert that the applicant is the rightful inventor and to provide evidence of prior inventions and the evolution of ideas. This can help to establish novelty and non-obviousness, which are critical components in overcoming rejections during the examination process.

Affidavits can be particularly important when there are conflicting claims about who the inventor is or when there are multiple applications concerning similar subject matter. By providing supporting evidence—such as dates of conception and reduction to practice—the affidavit can substantiate the applicant's claims and strengthen the application against rejections related to previous filings. Thus, it plays a vital role in ensuring that a patent application is assessed fairly based on facts presented by the applicant.

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