When is it necessary to submit an additional affidavit or declaration?

An additional affidavit or declaration is necessary when using facts not found in previous publications because these statements are often crucial for establishing the basis of the argument or evidence in the context of patent examination. When an applicant introduces new facts that have not been documented in prior art or available literature, an affidavit or declaration can substantiate these claims by providing sworn statements that affirm the truth of the new information being presented. This is particularly important for demonstrating compliance with patentability requirements, such as novelty and non-obviousness, which rely on clear and verifiable facts.

In contrast, relying on facts from prior art typically does not necessitate additional affidavits or declarations because those facts are already established and documented within the public domain. Similarly, making arguments based on new theories may involve legal or interpretative discussions rather than new factual assertions requiring substantiation. Lastly, modifying claims during examination may not directly involve submitting additional affidavits or declarations unless those modifications introduce new, factual elements that were not previously addressed. Thus, providing additional evidence in the form of affidavits or declarations is most relevant when new facts are being introduced into the examination process that are not supported by existing publications.