How does an examiner handle allowable claims in an interference?

When an examiner encounters allowable claims in an interference, they follow a specific procedure. According to MPEP 2303:

“If the claims in an application are otherwise in condition for allowance, but for the interference, the examiner should draft an Office action indicating all the reasons why the claims are allowable and stating that interference is the only remaining issue.”

This means that the examiner will:

  • Document all reasons why the claims are allowable
  • Clearly state that the interference is the only remaining issue
  • Not formally allow the claims until the interference is resolved

This approach ensures that the applicant is aware of the status of their claims and that the interference process is completed before any final decision on allowance is made.

To learn more:

Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2303 - Completion Of Examination, Patent Law, Patent Procedure
Tags: allowable claims, Examiner Procedure, interference, patent examination