When should an examiner reject claims after an interference judgment?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An examiner should reject claims after an interference judgment if allowing them would conflict with the judgment’s outcome. The MPEP provides clear guidance on this: If a party loses on an issue in the interference, the examiner should reject any claim for which allowance would be inconsistent with the interference judgment. This means that the examiner must carefully consider the interference judgment and ensure that any subsequent claim allowances align with the decision made during the interference proceeding. If allowing a claim would contradict or be inconsistent with the interference judgment, the examiner is obligated to reject that claim. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Allowance Consistent With Interference Judgment MPEP 2308 Recommended Examiner Must Maintain Rejection Unless Overcome MPEP 2308 Required Examiner Must Reopen Prosecution for Further Action Recommendations MPEP 2308 Required Examiner Must Resume Prosecution After Interference Ends MPEP 2308 Examiner Must Update Search If No Judgment Recommendation MPEP 2308 Required Estoppel After Judgment Disposes of Issues MPEP 2308 Prohibited Losing Party Cannot Take Inconsistent Action Post-Judgment MPEP 2308 Prohibited Examiner Can Reexamine Same or Different Application After Interference Judgment MPEP 2308 Priority Resolution After Interference MPEP 2308 Losing Party Cannot Reopen Issues Adjudicated Against Them MPEP 2308 Prohibited Other Related FAQs 5 FAQs Collapse Does an interference judgment prevent an examiner from making new rejections? Are examiners required to implement recommendations from an interference judgment? What is Form Paragraph 23.02 used for in patent exa...