What is the definition of “same invention” in the context of patent interference?
In the context of patent interference, the “same invention” is defined by 37 CFR 41.203(a). According to MPEP 2304.04(a), when suggesting an interference, the examiner should include “an explanation of why at least one claim of every application or patent defines the same invention within the meaning of 37 CFR 41.203(a).” This regulation provides the…
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