Can a single count in an interference involve multiple claims?

Yes, a single count in an interference can involve multiple claims. The MPEP 2304.02(b) clarifies this point:

“When a count encompasses separate patentable inventions, the examiner should suggest multiple counts.”

However, this statement implies that a single count can indeed encompass multiple claims as long as they define the same patentable invention. The examiner’s role is to ensure that each count accurately represents a distinct patentable invention, and if necessary, suggest multiple counts to properly define separate inventions.

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Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2304.02(B) - Counts And Corresponding Claims, Patent Law, Patent Procedure
Tags: Count, interference, multiple claims