715.08   Passed Upon by Primary Examiner [R-6]

The question of sufficiency of affidavits or declarations under 37 CFR 1.131  should be reviewed and decided by a primary examiner.

Review of questions of formal sufficiency and propriety are by petition filed under 37 CFR 1.181  . Such petitions are answered by the Technology Center Directors (MPEP § 1002.02(c)).

Review on the merits of a 37 CFR 1.131  affidavit or declaration is by appeal to the Board of Patent Appeals and Interferences.