What are “patentably indistinct claims” in the context of interfering applications?
“Patentably indistinct claims” in the context of interfering applications refer to claims from different applications that are substantially similar or overlapping in scope. According to MPEP 2304.01(d):
“Interfering claims of applications with either the same assignee or the same inventive entity are ‘patentably indistinct claims’ within the meaning of 37 CFR 1.78(f).”
These claims are typically subject to consolidation or restriction requirements to streamline the examination process and address potential interferences efficiently.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.01(D) - Sorting Claims,
Patent Law,
Patent Procedure