What is the examiner’s role after an interference judgment?
The examiner’s role after an interference judgment is minimal, as stated in MPEP 2308.01: “No further action is needed from the examiner on that claim.” This means that once a judgment has been rendered in an interference proceeding, the examiner does not need to take any additional steps regarding the disposed claim.
However, the examiner does have a role if the interference judgment results in all claims being rejected. In such cases, the MPEP states: “If no claim remains allowable to the applicant, a notice of abandonment should be issued.” Therefore, the examiner’s responsibility is to:
- Review the outcome of the interference
- Determine if any claims remain allowable
- Issue a notice of abandonment if no allowable claims remain
This process ensures that applications without any viable claims are formally closed, allowing the USPTO to efficiently manage its workload.
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