What is the significance of the count in an interference proceeding?
The count in an interference proceeding is crucial as it defines the subject matter in dispute. Claims that correspond to the count are directly affected by the interference judgment. According to MPEP 2308.01:
“The claims of an application or patent which correspond to the count or counts of an interference will be disposed of in accordance with the judgment in the interference.”
This means that the fate of claims corresponding to the count is determined by the interference decision, potentially resulting in their allowance, rejection, or cancellation.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2308.01 - Final Disposal Of Claims,
Patent Law,
Patent Procedure