When are the provisions of 37 CFR 1.130 not available in patent applications?
The provisions of 37 CFR 1.130 are not available in certain situations to avoid the issuance of two patents containing patentably indistinct claims to two different parties. According to MPEP 717.01(d), these provisions are not available when: A rejection is based on a U.S. patent or U.S. patent application publication naming another inventor The patent…
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