How are claims sorted in an interference proceeding?
In an interference proceeding, claims are sorted based on their designated status. The MPEP 2304.01(d) outlines the following sorting criteria:
- Involved claims are designated as corresponding to a count.
- Claims designated as not corresponding to a count are treated as stand-by claims.
- Claims that have been finally refused or canceled are generally excluded from the interference.
The administrative patent judge (APJ) will determine which claims correspond to the count and which are designated as stand-by claims. This sorting process helps organize the claims for efficient examination during the interference proceeding.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.01(D) - Sorting Claims,
Patent Law,
Patent Procedure