What is an example of a partial loss in a patent interference proceeding?

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.

The MPEP 2308.03(a) provides a clear example of a partial loss in a patent interference proceeding:

“Example: The applicant lost the interference on a count drawn to a compound, but the opponent lost on a count drawn to methods of using the compound. The applicant may continue to pursue claims to the method of using the compound, but not claims to the compound itself.”

This example illustrates how an applicant can lose rights to claim a specific compound but still retain the ability to pursue claims related to methods of using that compound. It demonstrates the nuanced nature of interference proceedings and how different aspects of an invention can be treated separately.