Can a single count in an interference involve multiple claims?
Yes, a single count in an interference can involve multiple claims. The MPEP 2304.02(b) clarifies this point: “When a count encompasses separate patentable inventions, the examiner should suggest multiple counts.” However, this statement implies that a single count can indeed encompass multiple claims as long as they define the same patentable invention. The examiner’s role…
Read MoreWhat is the purpose of a count in an interference proceeding?
The purpose of a count in an interference proceeding is to define the scope of the interfering subject matter between competing parties. According to MPEP 2304.02(b): “A count defines the interfering subject matter between two or more applications or between one or more applications and one or more patents.” The count serves as a basis…
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…
Read MoreWhat is a count in patent interference proceedings?
A count in patent interference proceedings is a description of the interfering subject matter. As stated in the MPEP 2304.02(b): “A count is just a description of the interfering subject matter, which the Board uses to determine what evidence may be used to prove priority under pre-AIA 35 U.S.C. 102(g)(1).” In other words, the count…
Read MoreWhat is a count in a patent interference proceeding?
In patent interference proceedings, a count is a crucial concept. The MPEP 2301.02 defines a count as follows: “Count means the Board’s description of the interfering subject matter that sets the scope of admissible proofs on priority. Where there is more than one count, each count must describe a patentably distinct invention.” In simpler terms,…
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