How are non-interfering claims handled in applications going into interference?

MPEP 2303 addresses the handling of non-interfering claims in applications going into interference:

Leaving a non-interfering claim in an application going into an interference creates an unwarranted delay in the issuance of claims to the non-interfering subject matter. As far as the public and the Office are concerned, there is no justification for not issuing the non-interfering claims promptly.

To address this, the MPEP suggests that if an application contains both interfering and non-interfering claims, a restriction requirement should be made between the two. This allows for the prompt issuance of non-interfering claims while the interfering claims proceed through the interference process.

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Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2303 - Completion Of Examination, Patent Law, Patent Procedure
Tags: interference, MPEP 2303, Non-Interfering Claims, Restriction Requirement