How are reissue applications treated in the context of interferences?
MPEP 2303 discusses the treatment of reissue applications in interferences:
“Applicants sometimes, however, file reissue applications to amend patent claims in response to events occurring in the interference. To maintain parity with other applicants, the Board does not permit reissue applicants to add claims that would not correspond to a count.“
This policy, based on the Winter v. Fujita case, ensures that reissue applicants don’t gain an unfair advantage in interference proceedings. The examiner doesn’t need to restrict non-interfering claims in reissue applications, as the burden is on the reissue applicant to comply with this rule.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2303 - Completion Of Examination,
Patent Law,
Patent Procedure