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…
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:…
Read MoreHow are corresponding claims identified in an interference proceeding?
In an interference proceeding, corresponding claims are identified based on their relationship to the count. The MPEP 2304.02(b) states: “Claims corresponding to a count are those claims which define the same patentable invention as the count.” To determine if a claim corresponds to a count, examiners typically consider whether: The claim could have been anticipated…
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