What happens to claims in an interference proceeding after a final decision?
After a final decision in an interference proceeding, the claims are handled as follows: Claims that were not involved in the interference remain pending in the application. Claims that were involved in the interference are disposed of according to the judgment. Claims that correspond to the count(s) of the interference are disposed of in accordance…
Read MoreWhat is the effect of an interference judgment on corresponding claims?
An interference judgment has a direct and binding effect on claims that correspond to the count of the interference. As stated in MPEP 2308.01: “The claims of an application or patent which correspond to the count or counts of an interference will be disposed of in accordance with the judgment in the interference.” This means:…
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