Can an examiner reject claims authorized by the PTAB during an interference?
Yes, an examiner can reject claims that were authorized by the Patent Trial and Appeal Board (PTAB) during an interference, even after they have been entered into the application. The MPEP 2308.02 clearly states:
“The decision authorizing entry of the added or amended claim does not prevent the examiner from rejecting the claim during further prosecution.”
This provision ensures that all claims, including those added or amended during an interference, are subject to thorough examination and can be rejected if they fail to meet patentability requirements.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2308.02 - Added Or Amended Claims,
Patent Law,
Patent Procedure