What happens if an applicant refuses to add a required claim for interference?
If an applicant refuses to add a claim required under 37 CFR 41.202(c), there are significant consequences. According to MPEP 2304.04(b): “Refusal to add a required claim will operate as a concession of priority for the subject matter of the required claim.” This means that the applicant would be barred from claiming not only the…
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