Can an interference be suspended due to a concurrent reexamination proceeding?

Yes, an interference can potentially be suspended due to a concurrent reexamination proceeding, but suspension is not favored. The process for requesting such a suspension involves multiple steps:

1. A party to the interference may file a miscellaneous motion under 37 CFR 41.121(a)(3) to suspend the interference.
2. This motion must be presented to the administrative patent judge.
3. If the motion is denied by the administrative patent judge, a request to stay the interference may be made to the Director of the USPTO under 37 CFR 1.565(e).

The MPEP notes: “Normally, no consideration will be given such a motion unless and until a reexamination order is issued, nor will suspension of the interference normally be permitted until after any motions have been disposed of in the interference proceeding.” This emphasizes the USPTO’s preference for continuing both proceedings concurrently when possible.

To learn more:

• interference suspension
• reexamination
• administrative patent judge
• USPTO Director