Re: Response to final Office Action

> > The applicant disagrees with the examiner and wishes to submit an
> > affidavit from an expert that would prove the examiner wrong. It will
> > take however a month or two to have such affidavit prepared and filed.
>
> And the Examiner may well not accept it since it is a final action.

Examiner has no choice with regard to Affidavit/declaration with factual
evidence.  He must consider it and the Board will consider it even if the
Examiner does not.  There is case law to this effect