How can an applicant respond to an examiner’s requirement to add a claim for interference?

When an examiner requires an applicant to add a claim for interference under 37 CFR 41.202(c), the applicant must comply but can also express disagreement. The MPEP outlines several ways an applicant can respond: Identify an existing claim in their application or another of their applications that provides a basis for the proposed interference Add…

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What are the requirements for an examiner to require an applicant to add a claim to provoke an interference?

An examiner may require an applicant to add a claim to provoke an interference under certain conditions. According to 37 CFR 41.202(c), the following requirements must be met: The claim must be patentable to the applicant. The claim must be drawn to patentable subject matter claimed by another applicant or patentee. The claim must be…

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