Can an examiner reject claims authorized by the PTAB during an interference?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.