What is the role of an examiner in reviewing a suggestion of interference?
An examiner’s role in reviewing a suggestion of interference is primarily focused on specific circumstances, particularly when dealing with rejections under pre-AIA 35 U.S.C. 102(a) or 102(e). The MPEP states:
“If an application claim is subject to a rejection under pre-AIA 35 U.S.C. 102(a) or 102(e) and the applicant files a suggestion under 37 CFR 41.202(a) rather than a declaration under 37 CFR 1.130-1.132, then the examiner must review the suggestion to verify that the applicant’s showing, taken at face value, is sufficient to overcome the rejection.”
In this case, the examiner’s responsibilities include:
- Reviewing the suggestion of interference
- Verifying if the applicant’s showing is sufficient to overcome the rejection
- If the showing is not sufficient, maintaining the rejection and not referring the suggestion to the Board for an interference
However, it’s important to note that in most other cases, “the examiner is not responsible for examining the substantive sufficiency of the showing” of priority in a suggestion of interference.
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